February 28, 2023

Kelley Kronenberg Obtains Complete Defense Verdict After Five-Day Jury Trial

Kelley Kronenberg General Liability Partner, Dominick Tamarazzo, assisted by Practice Group Partner, Cesar Pineda, secured a complete defense verdict following a five-day jury trial held in Florida’s Nineteenth Circuit Court.   

In this case, a customer alleged a slip and fall at a Cumberland Farms gas station located in Indian County. After the customer spilled gas on herself while pumping fuel, she commenced to walk out from underneath the canopy onto a rain-soaked driveway, when she slipped and fell. After conducting an initial investigation, liability was denied by the store.  In the case, Plaintiff raised issues as to the store’s adequacy of the maintenance performed, the existence or nonexistence of a dangerous condition, and whether there was notice of the alleged dangerous condition.  

At trial, the Court granted the defense a partial directed verdict on the issue of adequate maintenance and reserved jurisdiction on the issue of notice and the existence of a dangerous condition.  Following the trial, the jury deliberated for less than two hours before returning a verdict for the defense.  

At trial, Plaintiff claimed more than $600,000.00 in economic damages and asked the jury for an award in excess of $2,000,000.00. Through the efforts of Dominick Tamarazzo and his defense team, our client was shielded from the damages sought and from any attorney’s fees and costs that would have been incurred had Plaintiff prevailed.