102717judge-and-gavel

PREMISES LIABILITY

US DISTRICT COURT, FORT LAUDERDALE

A jury found a store was not to blame for a customer’s alleged injuries following a fall.

On Aug. 31, 2014, Maria Cadette, then 57, was shopping at a Home Depot store in Hollywood when she reached for a bag of mulch and fell. She claimed the store failed to clean up loose mulch or warn customers of the dangerous condition, causing her to slip and fall. Cadette claimed she suffered a traumatic brain injury, protruding cervical discs, and herniated and bulging lumbar discs.

Defense counsel disputed the cause of Cadette’s fall, claiming she lost her balance while trying to pick up a heavy bag of mulch by herself while wearing flip-flops. Counsel also disputed the brain injury claim and argued her spinal pain was due to degenerative arthritis.

Case: Cadette v. Home Depot U.S.A.

Case No.: 0:16-cv-61745-WJZ

Plaintiffs attorney: Jason Manocchio, Law Offices of Robert J. Fenstersheib & Associates, Hallandale Beach

Defense attorneys: David A. Lipkin and Dorsey C. Miller III, Luks, Santaniello, Petrillo & Jones, Fort Lauderdale