Defense Verdict Obtained In Palm Beach County Case Involving A Slip And Fall Accident
Posted in Newsletters - 2016 on November 16, 2016
Thomas J. McCausland, a partner, and Evan Roberts, an associate, in our Hollywood, Florida office, recently received a defense verdict in the case of Ronald Rokoff and Erlene Rokoff v. Water Bagels 247, LLLP. The Plaintiffs claimed that the Defendant restaurant was negligent in not properly mopping the floor, which caused Mr. Rokoff to slip and fall and hit his head. The incident occurred approximately two months after Mr. Rokoff had a shunt implanted in his brain to combat the effects of Normal Pressure Hydrocephalus. The Plaintiffs also claimed that the fall resulted in a mild traumatic brain injury that exacerbated Mr. Rokoff’s significant pre-existing medical conditions, erased the gains realized from the shunt implantation, and caused his health to significantly deteriorate. The Defendant, however, produced the former employee who had mopped the floor; she testified as to her method of mopping and that she did not mop where Mr. Rokoff claimed to have slipped. The former restaurant manager witnessed the accident, and testified that Mr. Rokoff had been walking extraordinarily slowly in moments beforehand. When he ran to the area immediately after the accident, the former manager testified that the floor was dry except for the drink that Mr. Rokoff spilled when he fell. The Defendant showed the jury that, at the time of the accident, Mr. Rokoff continued to suffer the effects of his Normal Pressure Hydrocephalus, was in physical therapy for that condition, and that the physical therapist noted that he had a significant risk of falling who exhibited periods of sudden loss of balance. The Plaintiff asked the jury for well over $1.5 million and the jury came back with a defense verdict in an hour and a half.