Julio Fontoura Plaintiff vs. SCG Atlas Sheridan Ocean Club LLC, et al Defendant

On March 13, 2024, the Florida jury returned a defense verdict in favor of the Sheridan Ocean Club Apartments’ owner as no negligence was found in this premises liability lawsuit arising from a slip and fall on the apartment stairs after it had rained.

Case Background

On September 24, 2020, Julio Fontoura filed a lawsuit alleging negligence against his apartment before the Florida State, Broward County, 17th Circuit Court. Judge David A. Haimes presided over this case. [Case number: CACE20015808]

Cause

On November 12, 2017, Julio Fontoura, aged 48 and a tile business owner, was descending the outdoor staircase of his residence at the Sheridan Ocean Club Apartments on Seventh Avenue in Dania. The weather had been rainy, and while carrying a garbage bag, Fontoura slipped on the wet stairs and fell. Fontoura pursued compensation for the alleged negligence from the property owner, SCG Atlas Sheridan Ocean Club, and its manager, Highmark Residential LLC.

Injury

Fontoura allegedly suffered herniations at C4-5, C5-6, and C6-7, along with disc issues and radiculopathy in his lower back. His right shoulder was diagnosed with a labrum tear and subacromial impingement. Fontoura underwent treatments including medial branch blocks and epidural steroid injections for his back, and he underwent four surgeries.

In 2018, he underwent an anterior cervical discectomy and fusion, as well as a diagnostic shoulder arthroscopy involving partial synovectomy, debridement, and subacromial decompression. Fontoura had a repeat shoulder surgery in 2019. He received cervical rhizotomies in 2021 and bilateral medial branch blocks in 2023, followed by another cervical discectomy with nerve root decompression. Fontoura claimed persistent neck and shoulder pain despite these treatments.

Damages

The Plaintiff aimed to recover around $1 million for past medical costs, as well as future medical expenses, lost earnings, and damages for past and future pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): Highmark Residential LLC | SCG Atlas Sheridan Ocean Club LLC

Claims

The Plaintiff’s counsel contended that the stairs breached building codes due to excessive variation in tread size. Fontoura’s legal team also criticized the Defendants for purportedly neglecting to fix an exterior light that illuminated the area. They further highlighted the absence of nonskid protection on the stairs, allowing water to collect and contributing to the Plaintiff’s fall.

Defense

The defense argued that Fontoura bore responsibility for his fall. They pointed out that Fontoura admitted to not using the staircase’s handrail. Additionally, defense counsel stated that an inspection of the area had been conducted a week before the incident. According to the inspection documentation, there was no indication that the light was malfunctioning, the defense asserted. They also claimed that the steps met current building codes and emphasized there had been no prior incidents or complaints regarding the stairs since their installation in 1990. Defense counsel maintained that even if there were slight variations in tread sizes, these differences did not cause the Plaintiff to fall.

Expert Testimony

The Plaintiff’s expert witnesses included Amy Starry, Ronald F. Zollo, Michael Surdis Jr., Kingsley Chin, Santiago D. Figuereo, and Juan Jesus Salina. They provided testimony on structural engineering, lighting conditions, safety consulting, orthopedic surgery, building codes, medical conditions, and expenses.

The defense called upon Stephen F. Lander, an architect, and Kenneth Taylor, an orthopedic doctor as their expert witnesses.

Jury Verdict

On March 13, 2024, the Florida jury returned a defense verdict. No negligence on the part of the Defendants was found which directly led to the Plaintiff’s injuries in this slip and fall lawsuit.

Court Documents:

Complaint 

Answer

Verdict