Jan 3, 2011 - News by Walton Lantaff
After three days of trial in May, a Melbourne, Fla. jury returned a defense verdict in favor of WLSC clients WRI-SRP Indian Harbour, LLC and Weingarten Realty Management Company.
The Plaintiff suffered a displaced fracture of her elbow when she fell in the Defendants’ parking lot at a shopping center in the town of Indian Harbour Beach, allegedly as a result of tripping on a wheel stop in a handicapped parking space.
In a hard fought case Miami Associate Tom Caldwell successfully argued that the Plaintiff’s fall was not due to the negligence of the Defendants but rather due to the Plaintiff’s failure to pay attention to where she was walking and due to her own physical impairments.
A proposal for settlement made by the Defendants entitles them to attorney’s fees from the Plaintiff.