Lynette Wilson vs. ICC III - INTERNATIONAL CORPORATE CENTER and S & K REALTY GROUP, LLC, CASE NO.: 2017-CA-010242
BOCA RATON, Fla., Dec. 7, 2021 /PRNewswire/ -- Shiner Law Group, P.A.'s attorneys, Lara Shiner and David I. Shiner, obtained a Palm Beach County jury verdict on behalf of their client, Lynette Wilson, who was caused to slip and fall due to mold/algae being allowed to accumulate on a sidewalk. Shiner Law Group, P.A. was successful in proving that the named defendants were responsible for failing to maintain their property which directly led to the Plaintiff slipping and falling in this highly contested premises liability case.
In the lawsuit, Ms. Wilson sued the owner of the property, ICC III – INTERNATIONAL CORPORATE CENTER ("ICC"), and the property's property manager, S & K REALTY GROUP, LLC ("S&K"). Ms. Wilson alleged that ICC and S&K failed to adequately maintain the premises and negligently allowed the premises to accumulate mold and algae on the sidewalk, which directly resulted in Ms. Wilson's fall and subsequent medical treatment.
During the litigation, ICC and S&K asserted a defense blaming their tenant – non-party, Locus Solutions (which was Plaintiff's former employer) – alleging that the tenant was negligent for failing to maintain the areas outside of the leased premises.
The issues in this case originated from the fall that occurred in August of 2014. Shiner Law Group, P.A. litigated the case for more than seven (7) years and it was a hotly contested battle between the parties. The jury's verdict found that each Defendant was negligent to a certain degree and held each Defendant to some level of responsibility. After the verdict, David Shiner stated, "We believe in our client and refused to give up; it is the right thing to do to hold these Defendants accountable." Mr. Shiner continued, "I am happy that our client finally got her day in court and the jury held the Defendants responsible for failing to maintain their property."
This victory was even more significant since one of the Defendants' additional arguments was that the mold and algae was "open and obvious" and in an area frequented by the Plaintiff. The Defendants also argued that Plaintiff's former employer was responsible for the condition of the sidewalk as the employer was leasing the entire building on the Defendants' premises. As a result of the fall, the Plaintiff alleged to have sustained serious injuries to her knee, ultimately necessitating knee surgery for a torn ACL.
After a four (4) day jury trial in the 15th Judicial Circuit in and for Palm Beach County, the jury entered a verdict finding the Defendants 60% liable. The jury also attributed 15% liability to the non-party, Locus Solutions; however, the attorneys at Shiner Law Group, P.A. have filed post-verdict motions and are seeking to apportion that 15% liability to the Defendants, arguing – among other things – that Defendants owed a non-delegable duty to Plaintiff.
When asked about the verdict, Lara Shiner stated: "While we wish the Defendants would have taken responsibility from the outset, we are pleased the jury found the majority of the liability to fall on the Defendants."
If you want more information on this matter, or any other matters in which Shiner Law Group, P.A. is involved, please contact Shiner Law Group, P.A. at 561-777-7700, via email: [email protected], and/or visit: ShinerLawGroup.com. Shiner Law Group, P.A., maintains offices throughout Florida in Palm Beach, Broward, Martin, and St. Lucie counties with its main office located at 301 Yamato Road, Suite 4100, Boca Raton, Florida 33431.
SOURCE Shiner Law Group
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