Melissa Melvin  vs. Sunshine Restaurant Merger Sub LLC

Parties Involved

 

  • Defendant(s): Sunshine Restaurant Merger Sub LLC doing business as IHOP
    • Counsel for Defendants: Shaun Robert Koby| Thomas Christopher Allmond | Shaun Koby, ESQ. | Joseph Anthony Garcia | David Kowalski |Matthew Overpeck

Verdict Information

  • Verdict Date: September 19, 2023
  • Total damages awarded to Plaintiff: $8,293,816.52
    • For past economic damages: $162,294.52
    • For future economic damages: $131,522.00
    • For past non-economic damages: $5,000,000.00
    • For future non-economic damages: $3,000,000.00

About the Case

Cause

Melissa Melvin, a Broward County resident, initiated a premises liability lawsuit against Sunshine Restaurant Merger Sub, LLC, operating as IHOP, after suffering injuries from a slip-and-fall accident at one of their restaurant locations. The incident occurred on June 9, 2021, when Melvin exited the IHOP restaurant at 2454 N. University Drive, Sunrise, Florida. As she walked through the entrance/exit area, Melvin unexpectedly slipped and fell due to the hazardous condition of the flooring, which was slippery, worn-down, greasy, and otherwise dangerous.

In her slip-and-fall injury claim, Melvin alleged that IHOP, as the property owner and restaurant operator, breached its duty of care owed to her as a business invitee. Specifically, she asserted that IHOP negligently failed to maintain the premises in a reasonably safe condition by not utilizing slip-resistant materials, failing to comply with applicable building codes and safety regulations, and neglecting to warn about or correct the known dangerous condition.

Injury

As a direct result of IHOP’s negligence, Melvin sustained permanent bodily injuries, enduring physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, loss of enjoyment of life, medical expenses for hospitalization and treatment, lost wages from missed work, potential future loss of earning capacity, and aggravation of any pre-existing medical conditions.

Damages

Consequently, Melvin sought damages exceeding $30,000, in addition to interest, costs, and any other relief deemed appropriate by the court.

Jury Verdict

In total, the jury awarded Melissa Melvin $8,293,816.52. The jury determined that Melissa Melvin incurred medical expenses amounting to $162,294.52 for treatment received prior to the trial. Additionally, the jury awarded $131,522.00 to cover Melvin’s future medical expenses anticipated to be incurred due to the injuries sustained. Furthermore, the jury awarded Melvin $5,000,000.00 in damages for past non-economic damages. Finally, the jury awarded $3,000,000.00 for future non-economic damages.

Court Documents:

Complaint

Jury Verdict