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DEFENDANT’S Premises liability – Alleged failure to secure beach umbrella –Plaintiff struck in head by umbrella at beachside restaurant.

Lee County, FL

The plaintiff alleged that the defendant – a beachside restaurant – negligently failed to secure its beach umbrellas. As a result, the plaintiff claimed that she was struck in the head by an umbrella. The defendant disputed the injuries which, the plaintiff claimed, resulted from the incident.

The plaintiff was a 49-year-old disabled female who was unemployed at the time in question. She alleged that being struck with the umbrella at the defendant’s premises caused a herniated cervical disc.

The defendant argued that the umbrella incident exerted insufficient force to cause the cervical disc herniation claimed by the plaintiff. The defendant maintained that the plaintiff’s neck condition was degenerative in nature, and preexisted the date of the incident.

The defense emphasized that, after the incident, the plaintiff was treated at a “litigation clinic,” where ________% of the patients were involved in personal injury lawsuits.The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The defendant has filed a motion to tax costs and attorney fees pursuant to a proposal for settlement.

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