Conroy Simberg and Ross Department Stores Prevail in Slip and Fall Lawsuit
Posted in Verdicts and Settlements on April 3, 2018
Seth R. Goldberg, a partner in Conroy Simberg's Hollywood office, recently scored a court trial victory in the case Kimberly Burnis v. Ross Dress for Less, Inc. Seth handled the litigation against Ross in the action filed by the department store customer who claimed she slipped on a foreign substance on the floor.
The plaintiff claimed that she sustained injuries to her knee and damages as a result of the defendant’s negligence. The defense team uncovered medical records that revealed the defendant had a significant history of knee problems that she failed to disclose to her treating physicians. With the help from an expert orthopedic surgeon, Seth argued that the plaintiff’s knee injury was not related to the incident at Ross.
Seth also argued that Ross had no actual or constructive notice of any foreign substance on the floor. A surveillance video captured the incident that showed numerous customers and employees walking through the area where the plaintiff slipped. No other customer or employee slipped or noticed anything on the floor.
The Plaintiff was seeking $375,000 for past and future medical expenses as well as pain and suffering. After a three-day trial, the jury deliberated for one hour before returning a defense verdict in favor of Ross.
Seth R. Goldberg