A jury awarded nearly $4 million to a Central Florida woman after she slipped and fell at a Kissimmee Publix. The verdict found the grocery store fully responsible for Victoria Marcano’s injuries in June 2023.
The total award of $3.967 million covers past and future medical expenses as well as pain and suffering. However, Publix requested a new trial, claiming the court erred by allowing the jury to review “inflated” medical bills in violation of Florida law.
Marcano filed the initial complaint after the incident at the Publix on North John Young Parkway. The lawsuit says she slipped on a “liquid substance” inside the store, causing “serious, serious and permanent injuries.” After a trial, the jury found the supermarket chain fully responsible for the incident.
The total award was US$3.967 million and covered various damage categories. The jury ordered $411,000 to cover Marcano’s past medical expenses and $556,000 to cover Marcano’s anticipated future medical expenses.
The remaining amount is used to cover non-economic damages such as disability, physical impairment, disfigurement and mental anguish.
The jury awarded $750,000 for past non-economic damages. An additional $2.25 million is allocated to treat pain and suffering and the anticipated loss of enjoyment of life.
In a motion for a new trial filed earlier this month, Publix made the following arguments:
Because the trial court erred in applying Florida Statutes § 768.0427 and allowed Ms. Marcano to present evidence of inflated medical expenses instead of the limited evidence required by § 768.0427(2), a new trial for all damages is necessary. Exaggerated evidence of past medical harm not only influenced the jury’s finding of future harm, but also influenced the jury’s award of past and future non-economic harm by exaggerating the extent of medical care required.
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