Miami office

West Palm Beach, Fla. – H. Jacey Kaps – a partner with RumbergerKirk in Miami – recently won a defense verdict for the Kmart Corporation.

The case involved a plaintiff, Suziana James, who claimed that she slipped – but did not fall – on a water spill in an aisle at a West Palm Beach Kmart store. Although the plaintiff originally asserted that the size of the puddle was around three feet, she changed her testimony several times during the trial, stating that the puddle was bigger. The plaintiff claimed that as a result of the accident, she developed a knee problem, which required both arthroscopic surgery and physical therapy. She also contended that she developed herniations in both her neck and back. As a result of these injuries, the plaintiff argued that she was unable to work and would not be able to do so in the future. She sought recovery for her medical expenses, as well as lost wages, future wages, and pain and suffering.

Kaps made several arguments for the defense. First, he asserted that if there was, in fact, a spill, it was not present long enough for the defendant to reasonably know about it. Kaps also pointed out that the plaintiff’s knee injury, as well as her herniated neck and back, were pre-existing conditions proved through medical records and the testimony of her doctors. Finally, Kaps submitted evidence that proved the plaintiff had been working – despite her statements to the contrary.

After only 45 minutes of deliberation, the jury returned with a defense verdict.

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RumbergerKirk provides litigation and counseling services in a wide range of civil practice areas including products liability, commercial litigation, intellectual property, environmental, employment, insurance, professional liability, health care and administrative law. Offices are located in Orlando, Tampa, Miami, Tallahassee and Birmingham, Alabama.