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Plaintiff: Slip on mayonnaise caused wrist, knee injuries

Amount:

$425,000

Type:

Verdict-Plaintiff

State:

Florida

Venue:

Federal

Court:

U.S. District Court, Middle District, Ocala Division

Injury Type(s):

knee; knee-medial meniscus, tear;
other-strains and sprains; wrist; surgeries/treatment-arthroscopy; surgeries/treatment-knee surgery (knee replacement)

Case Type:

Premises Liability – Restaurant; Slips, Trips & Falls – Slip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance

Case Name:

Karen Seaberg v. Steak N’ Shake Operations, Inc.,
No. 5:13-cv-634-WTH-PRL

Date:

February 11, 2015

Parties

Plaintiff(s):

Karen Seaberg (Female, 44 Years)

Plaintiff Attorney(s):

Jarrod G. King;
King Law Firm;
Ocala,
FL,
for
Karen Seaberg

Plaintiff Expert(s):

Crane Couch;
M.D.;
Orthopedics;
Ocala,
FL called by
Jarrod G. King ■ Frank Cannon;
M.D.;
Orthopedic Surgery;
Ocala,
FL called by
Jarrod G. King

Defendant(s):

Steak N’ Shake Operations, Inc.

Defense Attorney(s):

Brian S Duffy;
McConnaughhay, Duffy, Coonrod, Pope & Weaver, PA;
Tallahassee,
FL,
for
Steak N’ Shake Operations, Inc. ■ Jason C. Taylor;
McConnaughhay, Duffy, Coonrod, Pope & Weaver, PA;
Tallahassee,
FL,
for
Steak N’ Shake Operations, Inc. ■ Marianna R. Sarkisyan;
McConnaughhay, Duffy, Coonrod, Pope & Weaver, PA;
Tallahassee,
FL,
for
Steak N’ Shake Operations, Inc.

Defendant Expert(s):

Troy Lowell;
Orthopedics;
Daytona Beach,
FL called by
Brian S Duffy, Jason C. Taylor, Marianna R. Sarkisyan

Facts:

On Dec. 8, 2011, plaintiff Karen Seaberg, 44, unemployed, alleged she slipped and fell inside a Steak N’ Shake restaurant located at Southwest College Road in Ocala. Seaberg claimed she injured her right hand and left knee. Seaberg sued Steak N’ Shake Operations, Inc. for negligence. Seaberg alleged she slipped on mayonnaise that was on the floor of the restaurant in the dining area. She alleged the restaurant had actual or constructive notice of the dangerous condition caused by mayonnaise on the floor. Seaberg alleged the restaurant failed to maintain its premises in a reasonably safe condition. The restaurant claimed it did not have notice of the condition.

Injury:

Seaberg was taken by ambulance to a local emergency room complaining of pain in her right hand and left knee. She underwent X-rays and was diagnosed with a sprain of her dominant, right hand. Seaberg had a bandage placed on her wrist and was prescribed pain killers. She was discharged with instructions to follow-up with an orthopedist to address her knee complaint. Seaberg was ultimately diagnosed with a medial meniscus tear of the left knee. In 2012, Seaberg underwent arthroscopic surgery to repair a torn meniscus. She continued to complain of pain in her knee and in 2013 underwent a knee replacement. Seaberg claimed continued pain in her knee. Seaberg’s treating physicians testified that her injuries were related to the accident. Seaberg sought to recover damages for past and future medical expenses; and past and future pain and suffering. The defense’s expert orthopedist testified that the accident only caused Seaberg’s wrist injury. He testified Seaberg sustained a minor wrist sprain that only required one visit to an orthopedist and had fully healed. He testified that Seaberg’s knee injury was pre-existing and not related to the accident.

Result:

The jury found that the defendant Steak N’ Shake had actual or constructive knowledge of a dangerous condition caused by the presence of a transitory foreign substance on the floor of its business establishment, as claimed. The jury found that the defendant was negligent by failing to exercise reasonable care in taking action to remedy that condition, as claimed. The jury also found that the plaintiff Seaberg slipped and fell on the floor of the defendant’s business establishment as claimed, and that the defendant’s negligence was a legal cause of the plaintiff’s fall and resulting injury. The jury determined that the plaintiff’s damages totaled $425,000.

Karen Seaberg: $375,000 Personal Injury: medical costs; $50,000 Personal Injury: pain and suffering

Trial Information:

Judge:

William Terrell Hodges

Demand:

$300,000

Offer:

$950

Trial Length:

4
 days

Trial Deliberations:

3
 hours

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.