Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to maintain premises

October 2025

As Renee Naclerio was walking toward a friend’s car on premises owned by I-95 Realty, Inc., she fell into a pothole and tripped. She hit her arm on the car and fell onto her back. She incurred over $475,500 in medical expenses.

Naclerio sued I-95 Realty, Inc., alleging failure to maintain its premises in a reasonably safe condition and failure to warn of a dangerous condition. The plaintiff claimed that the pavement had deteriorated and was uneven.

The defense countered that the uneven pavement was an open and obvious condition.

The jury awarded the plaintiff more than $2.32 million.

Citation: Naclerio v. I-95 Realty, Inc., No. CACE-23-004509 (Fla. Cir. Ct. Broward Cnty. Feb. 20, 2025).

Plaintiff counsel: AAJ members Sofia Jordi and Jordan Kirby, both of Miami.