Plaintiff Claims Uneven Ground, Loose Gravel To Blame For Fall
On Dec. 5, 2002, plaintiff Jacqueline Moses, a 67-year-old retiree, slipped and fell in a North Miami shopping center parking lot, fracturing her wrist.Moses sued Yaeli Inc., operating as Hammocks Property, for for premises liability. She alleged that she fell and injured her wrist because the lot was poorly maintained, uneven and had loose gravel.
Hammocks Property denied liability and contended that Moses was liable for causing her own injuries. The condition of the parking lot was open and obvious and Moses was familiar with it because she had been to the shopping center on numerous occasions. Moses’ daughter operated a hair salon there and defense counsel maintained that Moses had visited her at the salon on at least five previous occasions.
Defense counsel also argued that there were no eyewitnesses and Moses was unable to identify with certainty what caused her fall.
Moses was transported to Aventura Medical Center by an ambulance. Moses sustained a fractured wrist of her non-dominant hand, requiring open reduction surgery.
The plaintiff’s husband, Barry Moses, filed a derivative claim for loss of consortium. The claim was denied upon determination by the court that the couple had lived in separate homes for the majority of the past five years.
Defense counsel argued that Moses had preexisting medical conditions that contributed to causing the fall. She has very flat feet and usually wore orthotics, which she was not wearing on the day of the accident. She also had knee valgus, a condition which caused her knees to point inward. According to the defense, the latter condition affected the plaintiff’s balance.
The jury found Hammocks Property 70 percent liable and Moses 30 percent liable. It awarded $275,000, which was reduced to. $192,500.