Trial News
Verdicts & Settlements: Premises Liability
Failure to warn server of wet floor
February 14, 2019Kerry Marcus, 46, worked as a server in a deli located in a condominium complex. Lange Management Co. provided cleaning and janitorial services to the restaurant. While Marcus was near the kitchen, a janitorial employee began mopping in the area immediately behind Marcus. She turned to walk away and slipped, hitting her chin on a table before falling to the floor. She suffered a herniated disk in her neck and a torn right rotator cuff, necessitating surgery. Although she tried to return to work, her physical limitations prevented her from doing so. Marcus’s medical expenses were over $157,300.
Marcus sued Lange Management, alleging liability for its employee’s failure to warn her of the wet floor, wait until the restaurant closed before mopping the floor, and secure the area that was being cleaned.
The defense argued that the plaintiff should have noticed the mop bucket and been aware of the wet floor.
The jury awarded nearly $264,900, finding the plaintiff 10 percent at fault.
Citation: Marcus v. Lange Mgmt. Co., No. 2013-CA-014258 (Fla. Cir. Ct. Palm Beach Cnty. Aug. 24, 2018).
Plaintiff counsel: Steven Singer, Plantation, Fla.; and AAJ member Kenneth J. Sobel, Fort Lauderdale, Fla.
