Nancy Passarelli v. The Cheesecake Factory Restaurants, Inc.

Case Background

Nancy Passarelli filed a premises liability lawsuit against The Cheesecake Factory after she fell while attempting to sit in a chair that an employee had removed.

The case was filed in the Fifteenth Judicial Circuit Court, Florida. Judge Scott R. Kerner presided over this lawsuit. [Case number: 50-2021-CA-012685-XXXX-MB]

Cause

On November 17, 2018, Nancy Passarelli, 60, a retired massage therapist, visited the Cheesecake Factory on Glades Road in Boca Raton. While there, an employee removed a chair from her table. Unaware the chair had been moved, Passarelli attempted to sit down and fell to the ground.

Injury

Passarelli later reported back injuries, which she believed were caused by the fall. She was diagnosed with herniations at the L4-5 and L5-S1 levels. To treat her injuries, she underwent physical therapy and received four epidural steroid injections. In July 2021, she had a two-level lumbar fusion. While the surgery improved her condition, she continued to experience occasional pain and limitations in physical activities. Her doctor stated that she would likely need an adjacent-level lumbar fusion in the future.

Damages

Under this premises liability lawsuit, Passarelli sought to recover about $245,000 for past medical expenses. She also requested compensation for future medical costs and damages for both past and future pain and suffering. Her attorney asked the jury to award over $1,015,000.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Nancy Passarelli
    • Counsel for Plaintiff(s): Nelson Eric Baez | Samuel R. Miller
    • Experts for Plaintiff(s): Mary Scanlon D.O | Jeffrey L. Katzell, M.D.
  • Defendant(s): The Cheesecake Factory Restaurants, Inc., a Foreign Profit Corporation |

Claims

Passarelli filed a lawsuit against Jessica Allen, the restaurant manager, and the Cheesecake Factory, claiming premises liability and negligence.

Defense

The defense argued that the employee removed the chair before Passarelli attempted to sit and could not have known her intention. They also claimed Passarelli was partly at fault for not checking or touching the chair before sitting. The defense further contended that Passarelli would have fallen even if the employee had not moved the chair. Additionally, they stated that Passarelli’s pre-existing spinal conditions were unrelated to the fall and her treatment.

Expert Testimony

Passarelli’s experts were Mary Scanlon, D.O., based in Lake Worth, FL, who specialized in family medicine, and Jeffrey L. Katzell, M.D., who specialized in orthopedic surgery.

Both defense experts – Michael Stuart Zeide, orthopedic surgery expert, and Michael Mester Raskin, radiology expert, stated that Passarelli did not suffer a permanent or acute injury. Michael Stuart Zeide, who was also a medical coding expert, argued that the Plaintiff’s medical bills were excessively high.

Jury Verdict

The trial lasted four days, with the jury deliberating for 3.5 hours. After a poll, the jury reached a unanimous 6-0 verdict on July 26, 2024. The jury found that the Cheesecake Factory was 25% at fault for the incident, while Passarelli was deemed 75% liable. The jury awarded Passarelli a total of $370,000, which included $295,000 for past and future medical expenses and $75,000 for past and future pain and suffering. However, due to the comparative fault reduction, the net verdict amounted to $92,500.

Court Documents:

Available for purchase upon request

Press Release:

Vernis&Bowling