Vol. 55 No. 6

Trial Magazine

Verdicts & Settlements: Premises Liability

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Dangerous Condition of Hospital Floor

June 2019

Stephanie Kemp, 44, was visiting a friend at a Tallahassee, Fla., hospital. While walking through a hospital hallway, she slipped and fell, fracturing her left knee cap. She underwent two surgeries, including open reduction and internal fixation, and required physical therapy. She may require a future knee replacement. Her medical expenses were approximately $111,000.

Kemp sued the hospital, alleging it created a dangerous condition or failed to clean up a dangerous condition in the hallway. The plaintiff argued that the floor had been wet at the time of her fall and offered surveillance video showing a hospital worker dragging bags containing either soiled linens or garbage near the area of the fall, in violation of hospital policy.

Suit did not claim lost income.

The jury awarded $1.1 million.

Citation: Kemp v. Tallahassee Med. Ctr., No. 2017-CA-000691 (Fla. Cir. Ct. Leon Cnty. Mar. 6, 2019).

Plaintiff counsel: Tyler Everett and James Biggart III, both of Tallahassee, Fla.

Plaintiff experts: Andrew Borom, orthopedic surgery, and Gilbert Chandler, pain management, both of Tallahassee.