Publix Wins Reversal of $1.5M Miami Slip-and-Fall Verdict
The Third District Court of Appeal finds a jury would have to rely on stacked inferences to establish Publix knew of any danger.
March 28, 2018 at 02:57 PM
2 minute read
A Florida appellate court on Wednesday reversed a $1.5 million slip-and-fall verdict against Publix Super Markets Inc., finding there was no evidence the supermarket knew about a wet floor.
A Miami jury ruled in favor of Jessie Bellaiche, who hurt her shoulder after falling in a Publix aisle in 2010. Bellaiche, then 70, said her pants were wet after the fall, and she saw a Publix employee with a mop in his hand.
The Third District Court of Appeal ruled the testimony was not enough to support the judgment. The store manager testified Publix used rayon mops and there was only one on-duty janitor, who was seen on surveillance video with a broom and dustpan.
“At best, a reasonable jury could only arrive at a verdict for Bellaiche by stacking inferences drawn from the purely circumstantial evidence presented, which it cannot do,” wrote Third DCA Judge Ivan Fernandez, with Chief Judge Leslie Rothenberg and Judge Vance Salter concurring.
The appellate panel instructed the trial court to enter judgment in favor of Publix.
“It strikes me that something went wrong in the jury's perception of the case because they appear to have ignored the absence of evidence to show that Publix knew about this supposedly dangerous condition,” Publix appellate lawyer Edward Guedes said. “The trial court's duty in that scenario is to direct a verdict so that a jury doesn't get carried away by however they may feel about the parties and ignore the evidence in the record.”
The trial judge was Miami-Dade Circuit Judge Migna Sanchez-Llorens.
Guedes and Anne Reilly of Weiss, Serota, Helfman, Cole & Bierman in Coral Gables represented Publix.
Bellaiche was represented by Rami Shmuely of Chavin Mitchell Shmuely in North Miami, Robert Switkes of Robert L. Switkes & Associates in Miami Beach, Stephen Rosenthal of Podhurst Orseck in Miami and Michael Higer of Berger Singerman in Miami.
Shmuely said they would be meeting in the coming days to determine next steps.
“We have great respect for the judicial process, the court and its ruling,” he said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Lawyers Speak Out: 'The President Had the Confidence to Retain Me'
Trending Stories
- 1After Helene and Milton, What Litigation Is On the Horizon?
- 2Medtronic in the Crosshairs: 3 Suits Claim IP and Employee Poaching
- 3150 Plaintiffs and Counting: Asbestos Litigators Sue De Beers Empire
- 4Next Likely EU Competition Hints at Priorities in 3-Hour Confirmation Hearing
- 5Tampa Jury Awards $5.2 Million to Woman After Car Crash Leads to Emergency Spinal Surgery
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250