RomanR/Shutterstock.comBuilding Entry Violated Code, Woman Claims After Fall
A bank manager blamed a difference in the pavement height between a condo building and the sidewalk.
March 16, 2020 at 12:26 PM
1 minute read
PREMISES LIABILITY
MIAMI-DADE CIRCUIT COURT
A jury awarded $648,000 to a woman who fractured an ankle when leaving a mixed-use building in Coral Gables.
Bank manager Audrey Otero, 56 at the time of her October 2017 fall, claimed she fell as a result of a dangerous difference in elevation that violated the building code between the building entry and the abutting sidewalk. Otero underwent surgery but said she suffers ongoing pain and will require ankle replacement surgery.
The defense contended the elevation change was an open, obvious condition that Otero should have avoided, but the jury placed 90 percent of the fault on the building owner. It assessed damages of $720,000, but that figure was reduced by 10 percent to $648,000 to reflect Otero's share of liability.
Case: Otero v. 1300 Ponce Condominium Association
Case No.: 2017-029454-CA-01
Plaintiffs attorneys: Monica Benitez, Monica Benitez Law, Miami; and Theodore J. Fournaris, Fournaris & Sanet, Miami
Defense attorneys: Kristina Alexander and Joseph DiSpaldo, Sioli Alexander Pino, Miami
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