Boca Raton Senior Partner Marc Greenberg, Esq., successfully secured Final Summary Judgment in a slip and fall matter styled John Doe v. Retail Store. On March 21, 2017, Plaintiff went to the client’s Boynton Beach store to shop. He first went to use the restrooms in the front of the store, and as he exited, Plaintiff slipped and fell on liquid. Plaintiff underwent two shoulder surgeries post fall, and all of his doctors related the surgeries to acute injuries from the subject fall. Plaintiff’s past medical bill were more than $120,000, and Plaintiff’s lowest demand to settle was $150,000.

On September 15, 2021, Palm Beach County Circuit Court Judge Richard Oftedal granted the Defendant’s Motion for Final Summary Judgment on the issue of Notice. Plaintiff engaged in discovery over the course of 13 months and was unable to create any genuine issue of material fact that the Defendant had any actual or constructive notice of the liquid where Plaintiff fell. Plaintiff was unable to establish the source and origin of the foreign transitory substance or how long the substance existed on the ground prior to Plaintiff’s fall.

Defendant’s Motion for Attorney Fees and for Taxation of Costs is presently pending before the Court, in which the Defendant is seeking more than $30,000 in that regard in furtherance of an expired Proposal for Settlement. Read More.