Nagy Et Al V. Outback Steakhouse Et Al

On March 28, 2024, the New Jersey jury awarded the Plaintiffs $2.75 million against Outback Steakhouse in this personal injury lawsuit that arose from the negligence of the Defendants.

Case Background

On January 28, 2019, the Plaintiffs initiated legal proceedings by filing the Complaint in New Jersey Superior Court, Law Division, Middlesex County. Subsequently, on September 24, 2019, the Defendants transferred the case to the United States District Court, New Jersey, Trenton, citing diversity jurisdiction under 28 U.S.C. Section 1332. Judge Robert Kirsch presided over this case. [Case number: 3:19cv18277]

Cause

On October 18, 2018, the Plaintiff had gone to Outback Steakhouse in Greenbrook, New Jersey, for dinner with her husband and two friends. While there, she left the table to use the restroom. As she walked through the restaurant, she slipped and fell. Paramedics were called, and she was taken to the hospital by ambulance. The incident occurred directly outside the restaurant’s kitchen, where servers had been entering and exiting with trays of food and beverages. The Plaintiff alleged there had been a “greasy substance” on the floor in the area where she fell.

Injury

Deborah Nagy broke her hip and femur in the fall. She claimed to have sustained injuries resulting in permanent consequential limitations to her body organs. She also suffered significant impairments in body functions or systems, and severe pain, anguish, and emotional distress. Additionally, she alleged that she had incurred expenses for medical treatment due to these injuries, with expectations of ongoing costs in the future.

Damages

The Plaintiff sought both economic and non-economic damages. Plaintiff Roger Nagy also sought to recover for loss of consortium. The Plaintiffs asserted damages of $1,000,000.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Deborah Nagy | Roger Nagy
    • Counsel for Plaintiff(s): Alex Steven Capozzi
  • Defendant(s): Outback Steakhouse of Florida LLC
    • Counsel for Defendant(s): Norman William Briggs

Claims

The Plaintiff alleged that she had sustained such severe injuries due to the existence of hazardous conditions on the restaurant premises. She claimed that the Defendant’s negligence in maintenance and failure to warn patrons had led to the premises liability lawsuit.

Defense

Defendant Outback Steakhouse denied the allegations of negligence on their part and the existence of hazardous conditions on their premises.

Jury Verdict

The New Jersey jury had received instructions from a Court Order stating that Outback Steakhouse deliberately neglected to preserve the contested video footage and to infer that the missing footage would have portrayed Outback unfavorably.

On March 28, 2024, the New Jersey jury ultimately decided in favor of the Plaintiffs, awarding them $2.75 million in damages. The jury held that Outback was negligent and such negligence was the direct cause of  Plaintiff’s injuries. The jury awarded $2,500,000 for her pain and suffering, disability and impairment, and loss of enjoyment of life. Additionally, the jury awarded $250,00 0 to Roger Nagy, for his loss of spouse’s companionship and comfort, and loss of marital relations that he sustained as a result of Defendant’s negligence.

Post Trial Motions

On June 14, 2024, a federal judge in New Jersey rejected Outback Steakhouse’s request for a new trial following a jury’s $2.5 million award to a woman who suffered a hip and femur fracture in one of its restaurants. The judge found the company’s arguments were untimely and lacked persuasiveness.

Court Documents:

Available upon request