Marlene Alatriste v. Hillstone Restaurant Group, Inc.

Case Background

The plaintiff, Marlene Alatriste, filed the Slip and Fall lawsuit on July 30, 2021. It was filed in the Florida State Circuit Court of Miami-Dade County under Case Number 2021-018369-CA-01. Judge Beatrice A. Butchko presided over the case.

Cause

On July 18, 2020, Marlene Alatriste, a lawfully present business invitee, visited Hillstone Restaurant Group, Inc., located at 201 Miracle Mile, Coral Gables, FL 33134. While navigating a dark walkway, she tripped and fell due to inadequate lighting and the lack of proper signage or warnings about a step. The poor visibility and absence of warnings made the walkway unreasonably dangerous. Hillstone Restaurant Group, Inc. had exclusive possession, custody, and control of the property and was responsible for maintaining its safety and cleanliness.

Injuries

As a direct result of her fall, Marlene Alatriste sustained significant bodily injuries, including both physical and mental pain and suffering. She experienced physical impairments and disabilities that affected her daily life and overall well-being. The fall also caused disfigurement and mental anguish, contributing to her inconvenience and loss of capacity to enjoy life. The injuries required immediate medical attention, including hospitalization and ongoing medical and nursing care. The physical and emotional impact of the injuries profoundly altered her quality of life

Damages

As a result of these breaches, Marlene Alatriste suffered significant and permanent injuries. She demanded judgment against Hillstone Restaurant Group, Inc. for compensatory damages, including incidental and consequential damages, post-judgment interest, costs, and attorney’s fees. Marlene sought a fair and just resolution to cover her extensive medical expenses, lost earnings, diminished earning capacity, and the profound impact on her quality of life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Marlene Alatriste
    • Counsel for Plaintiff: Thomas Hasty, Esq.| Gabriel A Garay
    • Experts for Plaintiff(s): Andres F. Correa, P.E

Claims

Marlene Alatriste claimed that Hillstone Restaurant Group, Inc. breached its non-delegable duty to maintain its premises in a reasonably safe condition for business invitees. The defendant’s negligence included:

  1. Creation and Allowance of Hazardous Condition: The defendant negligently created and/or allowed a hazardous condition on its premises, which was reasonably foreseeable to cause injury.
  2. Failure to Maintain: The defendant failed to maintain the premises adequately to prevent business invitees, like Marlene Alatriste, from encountering hazardous conditions.
  3. Failure to Inspect: The defendant failed to inspect or adequately inspect the premises to identify and rectify the hazardous condition.
  4. Failure to Correct: Despite the dangerous condition being present, the defendant failed to correct or adequately correct it.
  5. Failure to Warn: The defendant did not warn Marlene Alatriste of the dangerous condition, even though it was known or should have been known to the defendant.
  6. Failure to Prevent Access: The defendant did not take measures to barricade, restrict, or otherwise prevent individuals from encountering the hazardous condition.

Defense

Hillstone Restaurant Group, Inc. in slip and fall lawsuit responded to Marlene Alatriste’s complaint by denying allegations of negligence and responsibility for her injuries. Hillstone admitted to certain duties towards invitees but denied breaching those duties. The defense argued that Marlene Alatriste was partially responsible for her injuries. They claimed the walkway’s condition was clear and obvious. Hillstone proposed that if found liable, their responsibility should be limited. They also suggested other parties could be involved in the incident.

Expert Testimony

Mr. Correa, the plaintiff’s expert witness, assessed the safety of the accident site. He evaluated its compliance with applicable codes, regulations, best management practices, design principles, and industry standards at the time of the accident. He also addressed the defendant’s responsibilities regarding these conditions.

Defendant’s expert, Mr. Burcope, a licensed Principal Forensic Architect with extensive experience in design, construction, and litigation, also assessed the safety of the accident site. He focused on its lighting, steps, and stairs. He evaluated the site’s compliance with applicable codes, regulations, best management practices, design principles, and industry standards both at the time it was built and at the time of the accident.

Dr. Sinnreich, an orthopedic surgeon and expert in orthopedic medicine and surgery, provided testimony on the damages aspect of the plaintiff’s case.

Jury Verdict

On March 21, 2024, the jury rendered a verdict in favor of the defendant and against the plaintiff in Slip and Fall Lawsuit.

Court Documents:

Complaint

Answer

Jury Verdict