MIAMI – Hamilton, Miller & Birthisel, attorneys, Jerry Hamilton and Schuyler Smith, successfully obtained a directed verdict, after the third day of trial, in an action pending in the Federal Court in the Middle District of Florida.
Plaintiffs sought damages against Williams-Sonoma after an alleged slip and fall resulting in three knee surgeries and a lower back surgery.
Plaintiffs claimed medical bills in excess of $250,000.00 over 3 years, and sought damages of an additional unspecified amount in excess of seven figures for pain and suffering and loss of consortium.
At issue was whether Williams-Sonoma acted reasonably in attempting to clean liquid from the floor with only a minute to a minute and half’s notice. The associate store manager testified that she observed liquid on the floor and immediately sought to clean it up. While in the stockroom looking for the paper towels, she heard over her radio that the Plaintiff fell.
After the third day of trial, and rigorous cross examinations of the Plaintiff, Plaintiff’s husband, and their medical experts from the LESS Institute, the court granted Williams-Sonoma Motion for Directed Verdict, agreeing with Williams-Sonoma that based on the testimony elicited at trial, no reasonable jury could find that Williams-Sonoma acted unreasonably.
Final Judgment was entered in Williams-Sonoma’s favor and the issue of attorneys fees and cost in accordance with Williams-Sonoma’s proposals for settlement is still pending.
