Woman who tripped over cart, fractured hip gets $72,948
A woman who claimed she fractured a hip when she tripped over a cart at a supermarket recovered $72,948.
Marilyn Bass, then 81, was shopping at a Publix Super Market in Miami when she fell over an unattended push cart on the floor. Bass claimed she did not see the cart when she initially walked by it because its view was blocked by another shopper. Her attorney claimed the cart was left unattended by a worker who had been stocking products where shoppers walked and created a dangerous condition.
Defense attorneys argued the cart was an open and obvious hazard, and Bass should have been careful where she was walking. The jury found Bass 60 percent liable and Publix 40 percent liable, reducing her $182,369 award accordingly.
Case: Bass v. Publix Super Markets Inc.
Case No.: 11-40881 CA 10
Plaintiff attorneys: Sidney A. Goldberg and Jeffrey S. Hirsh, Goldberg & Hirsh, Miami
Defense attorney: Jeffrey A. Mower, Lewis Brisbois Bisgaard & Smith, Fort Lauderdale