Fort Lauderdale, FL – Last week the Firm’s Personal Injury Practice won a jury trial in Broward County, Florida when the jury returned a $758,143.82 verdict in favor of our client who sustained injuries as a result of a trip and fall.
In November 2018, our client was entering a Wawa in the morning to get some coffee, when he was caused to trip and fall over a low-standing pallet which was placed by Defendant on the floor within one foot of the front entrance. The pallet, also known as a dunnage rack, was holding cases of bottled water and was placed by Wawa next to the front entrance of the store in order to sell more water. This negligent act intruded upon our client’s walking space into the store, causing him to trip and fall, and sustain injuries to his right leg, including his hip and knee.
During the litigation, discovery revealed that Defendant was also required to stack the bottled water at least three feet high pursuant to its Policies and Procedures, but the bottled water was not stacked that high in conformity with that policy at the time of the Plaintiff’s trip and fall. Plaintiff also retained an expert witness who opined that the placement of the pallet next to the front entrance violated Florida Building Codes. The Defendant, Wawa, denied liability for the fall, and also disputed the causation and severity of Plaintiff’s injuries. The Defendant also hired its own expert witnesses to refute the claims being made by Plaintiff.
Going into a four day trial, the Defendant, Wawa’s top offer was only $50,000. In spite of this, Kanner & Pintaluga attorneys Matthew Levy and Alyssa Lettman were able to convince a Broward County jury to award the Plaintiff significant compensation for his injuries, including medical expenses and pain and suffering. Because the Plaintiff was willing to settle his case for considerably less money than the amount of the verdict, and had the Defendant with a Proposal for Settlement for a lesser amount, Plaintiff will also be entitled to collect attorney’s fees and costs from Wawa as well.
The case is Kevin Devito v. Wawa, Inc., Case No.: CACE-21-004214 in the Circuit Court of the 17th Judicial Circuit, Broward County, Florida.
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Founded in 2003, Kanner & Pintaluga is a NLJ500 and Mid-Market Pro 50 law firm that has recovered over $1 billion for property damage and personal injury clients nationwide. With nearly 100 lawyers and more than 30 offices throughout the Central and Southeastern United States, our primary goal is to achieve the most favorable outcome for our clients, who have the absolute right to receive the maximum compensation for their damages. If we can assist you or if you’d simply like to speak to an attorney about getting the help you need, please do not hesitate to contact us. Our team is always available to discuss your rights and make certain that you and your family are protected.