Tommy Grimmage vs. Ace Meat and Grocery Inc. Et al

Case Background

Tommy Grimmage filed a Slip and Fall lawsuit on August 31, 2022, in the Florida State Circuit Court of Orange County (Case Number: 2022-CA-008060-O). Judge Margaret H. Schreiber presided over the case.

Cause

On September 2, 2018, Tommy Grimmage, a Columbia County, Florida resident, visited ACE Meat & Grocery, Inc., located at 439 S. Central Avenue in Apopka, Orange County, Florida. Jose Peralta owned the store, and Jose Peralta, LLC, a Florida Limited Liability Company, operated it. ACE Meat & Grocery, Inc. was a registered Florida Profit Corporation.

The defendants had placed a floor mat in front of the only public entrance/exit doors, which Grimmage alleged created an unreasonably dangerous condition and tripping hazard. While Grimmage exercised due care and turned to leave the store, unaware of the danger, he tripped over the newly laid rug. He fell and hit his right shoulder on the door frame and his face on the door.

Injuries

Grimmage suffered bodily injury as a direct result of the slip and fall. The injuries caused significant pain, suffering, physical impairment, and disability. He also experienced disfigurement and aggravated a pre-existing condition. The complaint stated that some or all of the injuries were permanent within a reasonable degree of medical probability.

Damages

The accident led to substantial damages for Grimmage. He incurred expenses for hospitalization, along with ongoing medical and nursing care. Grimmage lost earnings and faced a diminished ability to earn money in the future. He also suffered a significant loss of capacity for the enjoyment of life. The complaint claimed these losses were either permanent or continuing and that Grimmage would continue to endure them in the future. Additionally, Grimmage alleged a significant and permanent loss of an important bodily function and/or significant and permanent scarring or disfigurement.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Tommy Grimmage
    • Counsel for Plaintiff: Dean Brunetti | John Gadd
  • Defendant(s): ACE Meat and Grocery Inc. | Jose Peralta | Jose Peralta LLC
    • Counsel for Defendants: Pro se

Claims

Grimmage filed negligence claims against Jose Peralta, Jose Peralta LLC, and ACE Meat & Grocery, Inc. in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida. He alleged that the defendants owed him a duty to maintain the premises in a reasonably safe condition and to warn of any latent dangers.

He specifically alleged the following acts of negligence:

  • Negligently allowing an unsafe floor mat to be placed in an area of heavy foot traffic.
  • Failing to warn him of the dangers associated with the floor mat.
  • Failing to maintain the premises in a safe condition for business invitees.
  • Inadequately inspecting the premises to identify slip or trip hazards.
  • Failing to correct, maintain, repair, or replace the unreasonably dangerous condition.
  • Negligently training employees to inspect for dangerous conditions.
  • Failing to follow corporate policies regarding dangerous conditions.
  • Failing to act reasonably under the circumstances.
  • Grimmage claimed that the defendants either knew about the negligent conditions or that the conditions had existed long enough that the defendants should have discovered them through due care. He argued that the negligent conditions created a foreseeable zone of risk, posing a general threat of harm to him.

Grimmage also alleged that the defendants were vicariously responsible for the negligent acts of their employees. He demanded judgment against the defendants for damages, costs, and other relief deemed just and proper by the court. Grimmage also demanded a trial by jury on all issues.

Defense

Jose Peralta, the defendant, strongly denied all allegations in his response to the Slip and Fall lawsuit against him. He asserted that no incidents or accidents had occurred at the ACE Meat & Grocery, Inc. store in Apopka, Orange County, Florida. Peralta stated he did not know anyone named Tommy Grimmage and claimed he had never been associated with Jose Peralta LLC in any state.

Peralta maintained that the business premises were always well-maintained and extremely safe for all clients. He denied any negligence on his part or that of his employees. Peralta challenged Grimmage to provide evidence of the alleged incident, such as a police report, pictures, videos, or an ambulance invoice, asserting that no such documents existed because no accident occurred.

Peralta emphasized that if such an incident had happened as described, with the extensive injuries claimed by Grimmage, there would have been documentation. He expressed doubt about whether Grimmage had ever been a client of the store. Peralta demanded that Grimmage provide the court with concrete evidence of the alleged incident, confident that such evidence could not be produced because no accident occurred at his business.

Jury Verdict

On February 28, 2024, the jury reached a verdict in favor of Tommy Grimmage. They determined that Grimmage sustained a permanent injury within a reasonable degree of medical probability as a result of the incident. The jury awarded damages totaling $940,000.00 in Slip and Fall lawsuit.

Breakdown of damages:

  • $188,275.95 for past medical expenses.
  • $400,000.00 for future medical expenses.
  • $200,000.00 for past pain, suffering, and related impacts.
  • $151,724.05 for future pain, suffering, and related impacts.

Court Documents:

Available Upon Request