Trial and Results
Attorneys for the Defendant
DANIEL M. NOVIGROD
LEE A. KANTOR
Plaintiff, a sympathetic 72-year-old woman (age 77 at trial), allegedly tripped over decorations at her grandson’s wedding at the beach front hotel in Miami. Plaintiff claimed her foot became tangled in the draping and she tripped, falling to the floor and suffering a fracture to the humeral neck and a torn rotator cuff in her right shoulder.
Partners, Daniel Novigrod Esq., and Lee Kantor, Esq., represented the hotel at trial, arguing that the Plaintiff tripped and fell over an open and obvious condition. Plaintiff argued that she did not trip, instead slipped on the satin wedding runner which ran down the wedding aisle, and claimed this represented a hidden defect.
Plaintiff called 14 expert and lay witnesses. Plaintiff’s witnesses included Plaintiff’s treating physician, Dr. Kumar Kadiyala, who testified as to the Plaintiff’s injury and resulting surgery, Plaintiff’s non-treating expert orthopedic surgeon, Dr. Stephen Jacobs, who assessed the Plaintiff a 50% impairment rating and Plaintiff’s Life Care Planner and Rehabilitation expert, Ira Morris, who testified as to the cost of Plaintiff’s care.
Plaintiff sought a total of $3.4 million in damages, which included $26,000 in past medical bills, $300,000 in future medical bills, $1 million in past pain and suffering, and $1.5 million in future pain and suffering. The total also included Plaintiff’s husband’s loss of past consortium claim of $250,000 and loss of future consortium claim of $350,000.
RESULT: DEFENSE VERDICT!