Jonathan Ficarrotta and Tia Jones Obtained a Defense Verdict for A Hospital in Hillsborough County in a General Liability Lawsuit

Jonathan Ficarrotta and Tia Jones Obtained a Defense Verdict for A Hospital in Hillsborough County in a General Liability Lawsuit

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Tia J. JonesJonathan FicarrottaJonathan Ficarrotta and Tia Jones obtained a Defense Verdict for a Hospital in Hillsborough County in a General Liability Lawsuit. Plaintiff alleged that she slipped and fell while visiting the Hospital in an area that was being cleaned. As a result, she filed a lawsuit alleging that the Hospital was negligent for failing to maintain the flooring and/or warn her of a dangerous condition on the floor. Plaintiff alleged injuries to her lumbar spine which resulted in foot drop. At trial, an eyewitness to the fall testified that the Plaintiff tripped over her own two feet. Moreover, all the witnesses who responded to the scene testified that there was nothing on the ground or in the surrounding area that could have caused her to fall. The Defense called a neurosurgeon at trial who testified that Plaintiff had pre-existing lumbar conditions along with diabetic neuropathy which was the cause of her foot pain and numbness, not foot drop. The jury concluded that there was no negligence on part of the Hospital which was the legal cause of injuries and damages to Plaintiff.

Jason Azzarone Was Successful in Arguing to The Sixth District Court of Appeal in a Case Involving a Claim for Punitive Damages

Jason Azzarone Was Successful in Arguing to The Sixth District Court of Appeal in a Case Involving a Claim for Punitive Damages

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Jason M. AzzaroneJason Azzarone was successful in arguing to both the Trial Court and the Sixth District Court of Appeal that the Plaintiff was not entitled to plead entitlement to punitive damages. At the Trial Court level, Mr. Azzarone argued that the Plaintiff’s proffer of evidence would not provide a reasonable basis for the recovery of punitive damages. One of the issues argued was whether the knowledge of one of the Defendant’s managers was sufficient to impute knowledge on the Defendant corporation. Mr. Azzarone argued that the manager’s conduct did not rise to the levels required for punitive damages and further argued that his position as a mid-level manager was not the type that would result in his acts being deemed those of the corporation. Mr. Azzarone also argued that the Plaintiff failed to proffer any evidence that the corporation had knowledge of the manager’s actions and condoned said actions. The Trial Court entered an Order denying the Motion for Leave to Amend To Assert a Claim for Punitive Damages. While the Plaintiff appealed this decision, Mr. Azzarone argued that the Trial Court’s decision was correct. The Sixth District Court of Appeal agreed and affirmed the Trial Court’s decision.