Central Florida woman wins nearly $4M in lawsuit against Publix
A Central Florida woman received nearly $4 million from a jury following a slip and fall at a Kissimmee Publix. The decision held the grocer entirely responsible for the injuries Victoria Marcano suffered in June 2023.
The total award of $3.967 million covers past and future medical expenses as well as pain and suffering. But Publix requested a new trial, claiming the court wrongly allowed the jury to examine “inflated” medical bills that violate Florida law.
Marcano filed his initial complaint after an incident at the Publix on North John Young Parkway. The lawsuit states that he slipped on a “liquid substance” inside the store, causing “severe, severe and permanent injuries.” After the trial, the jury found the supermarket chain fully responsible for the incident.
The total award of $3.967 million covers various categories of damages. The jury awarded $411,000 for past medical expenses and $556,000 for future medical care Marcano would need.
The remaining amount covers non-economic damages such as disability, physical impairment, disfigurement and mental suffering.
The jury awarded $750,000 in damages for past damages in the non-economic portion of the award. An additional $2.25 million was awarded for pain and suffering, as well as loss of anticipated enjoyment of life.
In a new hearing motion filed earlier this month, Publix argued:
Because the trial court incorrectly applied section 768.0427, Florida Statutes, and allowed Ms. Marcano to present evidence of inflated medical bills rather than the limited evidence required by section 768.0427(2), a new trial on all damages is required. Exaggerated evidence of past medical damages not only influenced the jury’s verdict on future damages, but also influenced its award of past and future noneconomic damages by exaggerating the degree of medical care needed.
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