Two South Florida lawsuits involving slip-and-fall injuries that came before the Fourth District Court of Appeal ended very differently. Although both plaintiffs were injured in similar ways, only one plaintiff walked away with a verdict, thanks to legal complications stemming from an employment waiver and a contradictory medical record.
One case involved Broward security guard Diveston Merlien, who accused his assigned client JM Family Enterprises Inc. of negligent maintenance after he slipped and fell on its stairs. He’d signed a waiver through his employer, AlliedBarton, which prohibited legal claims ”from or against any customer (and the employees of any customer)” for injuries covered by workers’ compensation.
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