Jodie Reile vs. Davidson Hotel Company, LLC, et al
Case Background
On December 7, 2021, Plaintiff Jodie Reile filed a Negligence lawsuit in the Florida State Circuit Court of Broward County (Case number: CACE21021593). Judge Jeffrey Levenson presided over the case.
Cause
On November 6, 2020, Jodie Reile visited the Jimmy Buffet Margaritaville Restaurant in Hollywood, Florida. Margaritaville Hotels & Resorts, LLC owned and operated it. It had been raining, and the restaurant’s floors and ramps were wet from pedestrian traffic. As Reile walked down a ramp leading to the lower seating area, she suddenly slipped and fell. The ramp was covered with brown floor tiling, while the lower dining area had blue vinyl or linoleum flooring. The incident occurred on a designated pedestrian access and egress route.
Injuries
As a result of the fall, Reile fractured her left foot and suffered permanent bodily injuries. She experienced pain, suffering, disfigurement, and disability. The accident also caused mental anguish and diminished her capacity to enjoy life.
Damages
Reile incurred expenses for hospital and medical care to treat her injuries. She suffered a loss of earnings and a reduced ability to earn income in the future. The complaint stated that all of these injuries and damages were permanent in nature, had been experienced in the past, and would continue to affect her in the future.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Jodie Reile
- Counsel for Plaintiff: Frederick AshleyGunion, | Carlos A. Jordi
- Defendant(s):Margaritaville Hotels & Resorts, LLC | Davidson Hotel Company, LLC | MVHF, LLC
- Counsel for Defendants: Brett Purcell Owens| LaKisha Michelle Kinsey-Sallis | Michael C. Tyson | Michael J. Carney
Claims
The plaintiff alleged that Margaritaville Hotels & Resorts, LLC was negligent in maintaining the premises. Specifically, the complaint claimed that the surface of the ramp was smooth and did not comply with South Florida Building Code and ASTM standards for slip resistance. The defendant allegedly failed to keep the surface clean and dry during pedestrian use, as required for interior surfaces that are not slip-resistant when wet. Additionally, the plaintiff asserted that the defendant failed to post adequate warnings, use mats or runners in areas of pedestrian traffic, conduct proper inspections, correct a dangerous condition, and exercise reasonable care in maintaining the ramp.
Defense
Margaritaville Hotels & Resorts, LLC denied all allegations in the plaintiff’s complaint. They asserted that they did not own or operate the premises where the incident occurred and had no involvement in the matters alleged in the action.
The defense stated that they owed no duty to the plaintiff as they did not exercise sufficient control over the operations of the premises. They argued that the plaintiff could not state a cause of action against them because they were neither the owner, operator, nor agent of the entity responsible for the premises.
Margaritaville Hotels & Resorts, LLC claimed that any alleged damages were caused in whole or in part by third parties for whom they were not liable. They also asserted that the plaintiff’s own negligence contributed to the alleged damages and that these damages should be reduced or eliminated accordingly. The defense requested a determination of comparative fault and an appropriate reduction in their liability, if any.
The defendant raised several affirmative defenses, including entitlement to setoffs for collateral sources and benefits, failure of the plaintiff to sustain a permanent injury, and failure to mitigate damages. They also claimed that the plaintiff’s alleged injuries resulted from a pre-existing physical condition. The defense reserved the right to add additional affirmative defenses as the case progressed.
Jury Verdict
On April 12, 2024, the jury found Davidson Hotel Company, LLC fully responsible for her legal injury. The jury assigned no negligence to MVHF, LLC d/b/a Margaritaville Hollywood Beach Resorts or to Jodie Reile herself. The jury awarded Jodie Reile $700 for past medical expenses and $21,000 for past pain and suffering, totaling $21,700 in a Negligence case.
Court Documents:
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