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$________ Premises Liability – Fall Down – Failure to clean tomato skin and residue from COSTCO floor – Slip and fall – Meniscus tear with surgery.

Miami-Dade County, FL

This action arose when the plaintiff slipped and fell in the defendant’s Miami COSTCO store. The plaintiff alleged that the fall was caused by the defendant’s negligence in failing to clean tomato skin and residue from the floor. The defendant argued that it had no notice of the condition and no reasonable opportunity to clean it before the plaintiff’s fall.

The plaintiff was a 47-year-old female at the time in question. She testified that she was walking to the check-out counters in the front of the defendant’s store when her feet slipped out from under her. The plaintiff alleged that a tomato had been dropped on the floor and the defendant negligently failed to clean the remaining tomato skin and residue, or to post appropriate warning signs. The plaintiff claimed that the tomato skin and residue was dried and appeared as though it had been on the floor for some time before her fall.

The plaintiff’s physician testified that the plaintiff sustained a tear of the meniscus in her right knee as a result of the fall. The plaintiff underwent surgery to repair the meniscus tear.

The defendant argued that it had a reasonable floor inspection and cleaning policy in place and that the plaintiff could not establish how long the tomato had been on the floor prior to her fall. The defendant contended that the plaintiff was not watching where she walked. The defense also disputed the causal relationship between the plaintiff’s knee condition and the fall.The jury found the defendant ________% negligent and awarded the plaintiff $________ in damages.

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