Commercial Liability - Slip and Fall

Plaintiff, a super market employee, was seeking $3.5 million in damages in a slip and fall claim against three janitorial companies. Plaintiff’s demand included $230,000 in medical expenses and $575,000 in future wage loss. Partner Rob May represented the two successor corporations to the janitorial company responsible for waxing the floors at the time of the injury.   

Prior to retaining Smith Freed & Eberhard as counsel, both successor defendants had been defaulted in the action.  However, Rob May successfully argued that a successor corporation’s liability is purely derivative of its predecessor and is therefore bound by any liability finding as to the predecessor party.  His clients were further permitted to participate in the trial on damages – they were allowed to challenge plaintiff’s damages claim by cross examination of plaintiff’s witnesses, vior dire the jury, and present an opening statement and closing argument. The jury returned a defense verdict resulting in a client saving just under $1M on plaintiff’s pre-trial demand.