Verdicts by Location: Key West
Case:
Barbara Cardenas v. Defendant Retail Store
Practice Area:
Attorney(s):
Result:
Summary Judgment
Plaintiff Counsel:
Michelle A. Stone, P.A. (Michelle Stone)
Summary:
Key West Managing Partner Jessalea Shettle, Esq. and Appellate Partner Daniel Weinger, Esq. obtained Summary Judgment in a premise liability case entitled Barbara Cardenas v. Defendant Retail Store in Duval County, Florida. Plaintiff filed suit alleging that the Defendant breached its duty to the Plaintiff by negligently allowing a bag of ice to remain on the floor and melt, causing a dangerous condition, and failing to warn the Plaintiff of the resulting dangerous condition. As a result of the incident, the Plaintiff was claiming a myriad of injuries, including two cervical fusion surgeries, and pain management procedures of the cervical and lumbar spine. In addition, the Plaintiff was claiming post concussive headaches. Plaintiff had over $539,000.00 in claimed medical bills as a result of the fall. At the hearing, Ms. Shettle convinced the Court, using the CCTV footage, and memorandum of relevant case law written by Dan Weinger, that the entirety of Plaintiff’s account of the incident was false, and that there was no notice of any dangerous condition to Walmart. The Court ruled, as a matter of law, that the Defendant was not liable for any injuries allegedly suffered by Plaintiff. A proposal for settlement was filed early in this case, which has allowed the client the opportunity to recover most of the defense fees and costs in this matter. Read more