National Verdicts

Amount:

$1,100,000

Type:

Verdict-Plaintiff

State:

Florida

Venue:

Palm Beach County

Court:

Palm Beach County Circuit Court, 15th

Injury Type(s):

Case Type:

Premises Liability – Store; Slips, Trips & Falls – Slip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Case Name:

Beverly S. Kates v. Soleil Salons, Inc., d/b/a Salon De Soleil, a Florida Corporation,
No. 2011 CA 16668

Date:

February 14, 2014

Plaintiff(s):

Beverly S. Kates (Female, 68 Years)

Plaintiff Attorney(s):

David L. Rich;
David L. Rich, P.A.;
Margate,
FL,
for
Beverly S. Kates ■ Zachary Rich;
David L. Rich, P.A.;
Margate,
FL,
for
Beverly S. Kates ■ Tamara Klopenstein;
David L. Rich, P.A.;
Margate,
FL,
for
Beverly S. Kates

Plaintiff Expert(s):

Julio Ortiz;
DPM;
Podiatry;
Boynton Beach,
FL called by
David L. Rich, Zachary Rich, Tamara Klopenstein ■ Robert Schiftan;
M.D.;
Neurology;
Boca Raton,
FL called by
David L. Rich, Zachary Rich, Tamara Klopenstein ■ Kenneth Stein;
M.D.;
Radiology;
Boca Raton,
FL called by
David L. Rich, Zachary Rich, Tamara Klopenstein ■ Mitchell Pollak;
M.D.;
Orthopedics;
Coral Springs,
FL called by
David L. Rich, Zachary Rich, Tamara Klopenstein

Defendant(s):

Soleil Salons Inc.

Defense Attorney(s):

James T. Sparkman;
Cole, Scott & Kissane, P.A.;
West Palm Beach,
FL,
for
Soleil Salons Inc. ■ Anika R. Campbell;
Cole, Scott & Kissane, P.A.;
West Palm Beach,
FL,
for
Soleil Salons Inc.

Defendant Expert(s):

Michael Zeide;
Orthopedic Surgery;
Lake Worth,
FL called by
James T. Sparkman, Anika R. Campbell

On July 29, 2011, plaintiff Beverly Kates, 68, a saleswoman, slipped and fell on the floor at Salon De Soleil hair salon in Boynton Beach. Kates claimed she sustained multiple leg and foot fractures. Kates sued Soleil Salons Inc., d/b/a Salon De Soleil, for premises liability. Kates claimed she slipped and fell on an oily substance on the floor of the salon. She claimed the salon failed to maintain its premises in a reasonably safe condition. Defense counsel denied that there was any oily substance on the floor prior to the incident. They argued that neither Kates nor witnesses could identify the alleged substance. They claimed a witness testified that Kates’ right ankle buckled while she was walking on platformed, wedge shoes, causing her to fall to the floor. Counsel argued that Kates was the sole cause of her fall.

Kates was taken by ambulance to Bethesda Memorial Hospital after the accident. She sustained comminuted fractures of the tibia and fibula in her right leg, a fracture of the calcaneus in her right foot, an avulsion fracture of the talus in her right foot, and a nonunion of a longitudinally fracture line extending into the tibial plafond of her right foot. Kates remained in the hospital four days. On July 30, she underwent open reduction/external fixation surgery to repair her fractured tibia and fibula. She was immobilized with external fixation hardware in her right leg for nine months when the external fixator was removed. She then underwent four months of physical therapy three times per week. She was out of work for one year following the accident. Kates also claimed she had radiculopathy from her lumbar L-2 region that traveled into her upper thigh. She also claimed she developed a neuroma in her left foot due to the increased use of that foot from having to shift her weight to her left side as a result of her injuries to her right leg. Kates claimed she has significant pain when walking, continued swelling of her ankle, and walks with a limp. She claimed she can no longer wear heeled shoes due to pain. She also claimed she can no longer dance. Kates’ treating podiatrist testified that she will need future surgery to remove the neuroma in her left foot. He also testified that she is a candidate for a future ankle fusion or replacement. Kates’ treating neurologist confirmed that Kates was diagnosed with L2 lumbar pain into her upper thigh and will need ongoing neurological treatment. Kates sought to recover damages for past and future medical expenses, past and future lost wages, and past and future pain and suffering. The parties agreed that Kates’ past medical costs would be reduced by stipulation to $35,000, the amount paid by Medicare. Defense counsel argued that Kates was the sole cause of her injuries. They argued that she was not entitled to future lost earnings because she was able to return to her job with the same salary. The defense’s expert orthopedist testified that Kates had fully healed from her injuries and did not need future surgery.

The jury found Kates 49 percent negligent and the salon 51 percent negligent. It determined that Kates’ damages totaled $1.1 million. Because of comparative negligence, the net award was $561,000.

Beverly S. Kates: $200,000 Personal Injury: Past Medical Cost; $166,668 Personal Injury: Future Medical Cost; $200,000 Personal Injury: Past Lost Earnings Capability; $166,666 Personal Injury: Future Lost Earnings Capability; $200,000 Personal Injury: Past Pain And Suffering; $166,666 Personal Injury: Future Pain And Suffering

Actual Award:

$561,000

Judge:

Peter D. Blanc

Trial Length:

3
 days

Trial Deliberations:

4
 hours

Post Trial:

Defense counsel filed a motion for a new trial or remittitur of damages.

This report is based on information that was provided by plaintiff’s and defense counsel.