Misty L. Sims vs. JTS Enterprises of Tampa, Limited

Case Background

On March 17, 2023, Plaintiff Misty L. Sims filed a Premises Liability and McDonald’s parking lot injury case in the Circuit Court of Pasco County, 6th Judicial Circuit, Florida (Case number:  2023-CA-000836). Alicia Polk presided over this case.

Cause

On November 13, 2020, Misty L. Sims visited a McDonald’s restaurant at 13026 US Highway 301 in Dade City, FL, owned and operated by defendants McDonald’s Corporation and JTS Enterprises of Tampa, Limited. While walking through the parking lot, Sims, an invitee on the premises, tripped and fell. This happened due to a negligently installed and poorly maintained concrete parking stop. This unsafe condition in the parking lot resulted from the defendants’ failure to properly inspect and maintain the property, leading to what is commonly known as a trip and fall injury.

Injuries

As a result of the fall in a McDonald’s parking lot injury case, Sims sustained significant injuries, including permanent damage to her body. The injuries required ongoing medical treatment and care. The fall was directly caused by the hazardous condition of the parking lot, which the defendants had failed to address. The concrete parking stop posed a clear risk to customers, such as Sims, who had a right to expect a safe environment. This McDonald’s accident resulted in permanent physical harm that drastically impacted Sims’ quality of life.

Damages

Sims suffered permanent injuries, emotional distress, and incurred substantial medical expenses due to the fall. The pain and suffering caused by the defendants’ negligence, as well as the need for continuous treatment, had long-lasting effects on her well-being. Additionally, the financial burden of medical costs, combined with lost wages and future medical needs, contributed significantly to the damages she sustained from the McDonald’s accident. Sims sought compensation for these injuries under premises liability, asserting that the defendants’ failure to maintain the parking lot in a safe condition led to her injury.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Mistty L. Sims
    • Counsel for Plaintiff: Christopher Hamblen
  • Defendant(s): Mcdonald’s corporation | JTS enterprises of Tampa, Limited
    • Counsel for Defendants: Madeline S. Villani | Julie C. McHaffie

Claims

Sims filed a complaint against McDonald’s Corporation and JTS Enterprises of Tampa, Limited, alleging negligence in maintaining the premises in a safe condition. She claimed that the defendants failed to properly inspect and repair the concrete parking stop, which caused her injury. Sims sought compensation for her permanent injuries, medical expenses, lost wages, and pain and suffering as a result of the hazardous condition in the parking lot. After filing the complaint, Sims voluntarily dismissed her claims against McDonald’s Corporation with prejudice, leaving JTS Enterprises of Tampa, Limited as the remaining defendant in the case.

Defense

JTS Enterprises of Tampa, Limited, denied any liability for the McDonald’s accident. They argued that they had taken reasonable steps to maintain the premises in a safe condition. The defendants claimed the concrete parking stop was properly installed and regularly inspected. They contended that no hazardous condition existed at the time of the incident and asserted that Sims’ injury resulted from her own actions, such as failing to pay attention while walking through the parking lot. Moreover, they maintained that they had no prior knowledge of any defect or dangerous condition. This condition was related to the parking stop and would pose a risk to visitors. Based on these points, the defendants requested that the court dismiss the claims against them.

Jury Verdict

On July 6, 2024, the jury found in favor of JTS Enterprises of Tampa, Limited. The jury determined that the concrete parking stop was an open and obvious hazard and that JTS Enterprises had not breached any duties owed to the plaintiff, Misty L. Sims, under premises liability law. The jury concluded that the defendants were not liable for the trip and fall injury sustained by Sims in a McDonald’s parking lot injury .

Court Documents:

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