On August 15, 2017, Tampa Partner, Joseph Kopacz, Esq. obtained a Defense Verdict in the matter of Brubaker v. Kopper Kitchen in Pinellas County, Florida in front of Judge Pamela Campbell. Plaintiff alleged Kopper Kitchen was negligent in the installation of the brick paver walkway at the entrance of the building. Plaintiff demanded $350,000 before suit was filed. Plaintiff, a pastor claimed minimal lost wages. Plaintiff sustained significant injuries to her face including a broken nose which included additional cosmetic surgeries. Plaintiff also alleged a neck injury and the loss of her voice from the fall. The fall was captured on video surveillance where Plaintiff was depicted carrying her granddaughter on her right hip and carrying a large purse on her left shoulder. The video depicts the Plaintiff tripping on the brick paver walkway and smashing her face on the metal gate at the entrance of Kopper Kitchen. This video was played to the jury several times in an attempt to garner sympathy. Plaintiff’s husband, a police officer, testified at trial in uniform that there should have been a warning that the brick paver walkway was uneven. The Defendant argued Plaintiff tripped on the brick paver walkway because she failed to recognize the transition from the black asphalt to the open and obvious brick paver walkway. Testimony was elicited there was no other falls on the brick paver walkway before or after the Plaintiff and no modifications were made to the brick paver walkway following Plaintiff’s fall. Testimony was also elicited from one of the tenants on the Kopper Kitchen property that observed people using walkers, wheelchairs, and prosthetic legs safely ambulate the brick paver walkway before and after the Plaintiff’s fall. Plaintiff retained an Engineer to opine the brick paver walkway presented an unexpected tripping hazard because one of the brick pavers were raised over a 1/4 inch, but less than a 3/8 of inch. Plaintiff’s Engineer claimed Kopper Kitchen violated the Life Safety Code, Building Code, and the ADA. Defendant hired a construction expert to opine the brick paver walkway was correctly installed and did not violate any codes. The jury deliberated for less than 10 minutes before returning a complete defense verdict.  Read More