BROWARD CIRCUIT COURT
The defense prevailed after an 88-year-old woman tripped on a curb, fell and broke her hip outside of a Wells Fargo bank in Pembroke Pines.
Florence Fort claimed the curb connecting the parking lot and sidewalk was chipped and crumbling and there was no warning from the bank, landlord or property manager about a dangerous condition. Fort conceded another section of the lot allowed her to step onto the sidewalk without crossing the curb, but she was afraid she would be struck by a car walking to it.
The defense claimed the curb was not defective in any way, the curb-less area was safe and Fort never complained about the curb’s condition despite frequently using it.
Case: Fort v. Wells Fargo Bank
Case No.: CACE16011702
Plaintiffs attorneys: Albert W. Guffanti, Albert W. Guffanti P.A., Miami; and Henry Marinello and Jessica M. Marinello, Law Office of Henry Marinello, Miami
Defense Attorneys: Michael E. Brand and Stephen V. Marasia, Cole, Scott & Kissane, Miami