An Outback Steakhouse in Southington, Connecticut. Credit: Google

A U.S. District Court jury in Trenton awarded $2.75 million in a suit by a woman who slipped and fell while dining at an Outback Steakhouse.

The jury awarded $2.5 million to Deborah Nagy, who suffered a broken hip that rendered her left leg shorter than her right, and $250,000 to Nagy's husband, Roger, for loss of consortium. The March 28 verdict came after a four-day trial conducted by U.S. District Judge Robert Kirsch.

The trial focused on causation and damages after Outback stipulated to liability on the eve of trial, said Alex Capozzi of Brach Eichler in Roseland, who represented the plaintiffs.

Alex S. Capozzi of Brach Eichler. Courtesy photo

In February, the judge approved an adverse inference jury instruction as a sanction for Outback's failure to preserve video showing what happened in the period leading up to Nagy's fall on a greasy substance on the floor of the restaurant. The restaurant manager preserved video for a five-minute period just before the incident, but the judge ruled that circumstances warranted the preservation of video from a longer period. That ruling allowed the jury to presume that the lost footage was unfavorable to Outback. But Outback's admission of liability rendered the sanction and adverse inference inadmissible, Capozzi said. Capozzi said he thinks Outback stipulated to liability in order to keep the adverse inference from being presented to the jury.

The couple was dining at the Outback Steakhouse in Green Brook on Oct. 18, 2018, when Nagy, then 63, suffered her fall, the complaint said. She underwent surgery on the hip the following day, and was in the hospital for five days and in a rehabilitation facility for another six days, Capozzi said. Nagy developed arthritis in her left hip and was recommended for a total hip replacement, Capozzi said.

Outback maintained that the arthritis diagnosis was not related to the fall, but the jury found the restaurant was 100% responsible for her injury, Capozzi said.

Before trial, Outback offered Nagy $250,000 and her demand was $700,000, Capozzi said.

Norman Briggs of Briggs Law Office in Marmora, who represented Outback, confirmed the verdict.

CASE NAME/NUMBER: Deborah Nagy and Roger Nagy v. Outback Steakhouse of Florida, 3:19-cv-18277.

FILING DATE: Sept. 24, 2019.

JUDGE: Robert Kirsch.

COURT AND COUNTY: U.S. District Court, Trenton.

DATE OF VERDICT, DECISION OR SETTLEMENT: March 28, 2024.

PLAINTIFF(S) ATTORNEYS: Alex Capozzi, Brach Eichler.

DEFENDANT(S) ATTORNEYS: Norman Briggs, Briggs Law Office.

TOTAL AWARD: $2.75 million.

LIABILITY APPORTIONMENT: $2.5 million to Deborah Nagy, $250,000 to Roger Nagy.