James Chelius, Jr. and Jesse Gubernat conducted a two-day trial in Lee County where the Plaintiff, a 73 year old retiree, was accusing our client, a carpet cleaner, of over-spraying her carpet and getting carpet cleaner on her tile. She alleged she slipped and fell as a result of the over-spray, resulting in three fractures to the right shoulder. The Plaintiff underwent open-reduction internal fixation surgery to her right shoulder and alleged that she would need a second surgery in the future.
The jury returned a verdict finding the Plaintiff 50% at fault for her own negligence and awarded her a net verdict of $41,000. This was half the amount of the Defendant’s proposal for settlement. Accordingly, the Plaintiff will be required to pay the Defendant’s fees and costs through trial.
