Date: 12-20-2007

Case Style: Tod R. Flemke v. CVS Pharmacy

Case Number: 502006CA013156XXXXMBAH

Judge: Unknown

Court: Circuit Court, Palm Beach County, Florida

Plaintiff's Attorney:

Mark Greenberg and Brian LaBovick, LaBovick & LaBovick, P.A., Miami, Florida

Defendant's Attorney:

James Sawran and Thomas Hartwig, McIntosh, Sawran, Peltz, Cartaya, PA

Description:

Tod Flemke sued CVS Pharmacy on a premises liability negligence theory for the injuries and damages that she sustained when he fell and injured his lower back and had to undergo surgery to repair herniated discs. The Plaintiff slipped and fell over a plug in a CVS store located in Lake Worth, Florida. The CVS Pharmacy store did not place caution or warning signs in the aisle to alert customers to the fact that they were cleaning, despite it being an unwritten policy to place caution signs in front of outlets. Plaintiff claimed that CVS failed its own store policies.

CVS asserted the defense of Open and Obvious and did not believe the incident actually happened. CVS did not accept or admit to any liability during the trial.

Outcome: The jury rendered a verdict of $500,000 for the Plaintiff, but split liability between the Plaintiff with 23% liability and 87% of the fault with the Defendant.

Plaintiff's Experts: Dr. Charles Theofilos

Defendant's Experts: Dr. Clay Baynham

Comments: None