PREMISES LIABILITY

MIAMI-DADE CIRCUIT COURT

A jury awarded more than $270,000 to a woman who fractured an ankle when she fell at a Miami hotel.

Linda Gately, 56 at the time of the January 2014 incident, claimed she tripped while stepping off a curb at the entrance to the Hilton Miami Downtown hotel. She claimed the 2-inch height difference was not marked and not easily noticed. Her fracture required surgery.

The defense contended Gately fell because of inattentiveness. The jury assigned 70 percent of the blame to the hotel and the remainder to Gately. It awarded $390,511, but that amount was reduced by 30 percent to $273,358 to reflect Gately's share of the liability.

Case: Gately v. Downtown Miami Hotel

Case No.: 2016-016236-CA-01

Plaintiffs attorneys: Richard K. Slinkman and Ryan J. Wynne, Slinkman, Slinkman & Wynne, Jupiter

Defense attorney: Tanya Suarez, Wilson Elser Moskowitz Edelman & Dicker, Miami