Florida Jury Splits Fault in Westgate Slip-and-Fall
Table of Contents
Case Background
In a premises liability case that focused on a commonplace slip-and-fall accident, a Broward County jury returned a mixed verdict, holding both the property owner and the injured Plaintiff responsible for the events that transpired. The lawsuit arose from an incident that occurred on July 21, 2023, when Plaintiff Algene Edwards sustained injuries while navigating property managed by Westgate Plaza, Inc. The core of the legal battle centered on whether the property owner maintained a safe walking surface and whether the Plaintiff paid sufficient attention to his surroundings.
Cause
The lawsuit, initiated in July 2024, maintained that Westgate Plaza, Inc. was negligent because it allowed a dangerous and hazardous condition to exist on the property, specifically on the sidewalk located near 109 North State Road 7 in Fort Lauderdale. Mr. Edwards claimed that the company failed to inspect the premises regularly and adequately, failed to discover the unsafe condition, and failed either to repair it or to warn visitors about the danger. The Plaintiff argued the Defendant's acts of negligence were the immediate cause of his fall and the resulting injuries.
Injury
As a direct result of his fall on the property, Mr. Edwards suffered bodily injury, which brought severe physical pain and suffering, disability, and disfigurement. The injuries required extensive medical and nursing care and treatment and aggravated pre-existing conditions. The Plaintiff asserted that these losses were permanent and continuing, meaning he would suffer long-term consequences, including a loss of capacity for the enjoyment of life.
Damages Sought
Mr. Edwards’s initial amended complaint, filed in November 2024, demanded judgment against Westgate Plaza, Inc. for damages exceeding fifty thousand dollars $50,000.00, along with costs and other relief. The trial aimed to recover damages for both economic and non-economic losses.
Economic Damages: This category sought to cover specific financial losses that Mr. Edwards had already faced or would face in the future. These included past and future medical bills, the expense of hospitalization, and lost wages and loss of the ability to earn wages.
Non-Economic Damages: This category focused on compensating the Plaintiff for personal suffering, which included severe physical pain and suffering, disability, disfigurement, mental anguish, inconvenience, and the overall loss of capacity for the enjoyment of life.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Algene Edwards, an individual residing in Broward County, Florida.
· Counsel for Plaintiff(s): Daniel Drazen | Gary Brian Englander
· Experts for Plaintiff(s): Brian Cole | David M. Gill
Defendant(s): Westgate Plaza, Inc., a corporation doing business in Broward County, Florida.
· Counsel for Defendant(s): Fred L. Fulmer
· Experts for Defendant(s): Kenneth Jarolem | Steve Lander
Key Arguments or Remarks by Counsel
Claims
Counsel for Mr. Edwards argued that the plaza owner utterly failed in its duty to maintain the premises in a reasonably safe condition for visitors. They contended that the sidewalk was in a state of disrepair, constituting a foreseeable danger that Westgate Plaza knew about, or certainly should have known about, considering the length of time the condition existed. The argument emphasized that Westgate Plaza, Inc. neglected its basic responsibility to either fix the tripping hazard or place clear, conspicuous warnings around it, leaving visitors like Mr. Edwards vulnerable to injury.
Defense
Westgate Plaza’s defense flatly denied that they had committed any negligence that led to the accident. They argued in their November 2024 answer that the Plaintiff’s own negligence caused his injuries. They maintained that if any hazard existed, it was so “open and obvious” that Mr. Edwards should have easily seen and avoided it, making his knowledge of the condition superior to or at least equal to the property owner’s knowledge. The defense also utilized an affirmative defense, contending that Mr. Edwards’s own carelessness was a significant factor in his fall, thereby reducing or eliminating the Defendant’s liability under Florida’s comparative fault laws. Furthermore, the defense specifically asserted the Plaintiff could not prove the corporation had the required actual or constructive knowledge of the condition long enough to take reasonable corrective action, as required by Florida Statute $ 768.0755.
Jury Verdict
After considering all the evidence and arguments, the jury returned its verdict on October 10, 2025, finding both parties bore responsibility for the accident.
The jury apportioned the fault as follows:
Westgate Plaza, Inc.: 25% of the fault
Algene Edwards: 75% of the fault
The jury determined the total amount of damages Mr. Edwards sustained before factoring in his own negligence:
Past Medical Expenses: $366,276.57
Future Medical Expenses: $75,000.00
Past Pain and Suffering: $150,000.00
Future Pain and Suffering: $150,000.00
Total Damages Awarded: $741,276.57
Because the jury found Mr. Edwards was 75% negligent, the court subsequently reduced the total award by that substantial percentage. Westgate Plaza, Inc. became legally responsible only for its 25% share of the total damages.
Court documents are available upon request at jurimatic@exlitem.com