Slip-and-Fall Verdict Against FEG Sawgrass in FL Trial
Table of Contents
Case Background
This case involved Marquita Smith, a Miami-Dade resident, who filed a lawsuit against FEG Sawgrass, LLC, the operator of a Johnny Rockets restaurant at Sawgrass Mills Circle in Sunrise, Florida. The incident at the heart of the dispute took place on December 15, 2019, when Smith visited the restaurant as a customer. She claimed that, while lawfully present, she slipped and fell due to a slippery floor inside the restaurant.
Smith brought the case before the Broward County Circuit Court, seeking monetary damages for injuries allegedly sustained from the fall. The trial centered around whether the restaurant had negligently maintained its premises and whether Smith’s actions also contributed to the accident. The case went to a jury trial, which concluded in February 2025, resulting in a detailed verdict on both liability and damages.
Cause
Smith alleged that her slip and fall happened because the restaurant failed to keep its floors safe for patrons. She argued that the Defendant either knew or should have known about the dangerous condition and did not fix it or warn customers.
Injury
Smith claimed she suffered bodily injury, pain and suffering, disability, disfigurement, mental anguish, and loss of capacity to enjoy life due to her fall. She also alleged she required medical care, lost wages, and would face future medical expenses and reduced earning ability. According to her complaint, some of these losses were permanent or ongoing.
Damages Sought
Smith sought damages exceeding $30,000. She requested compensation for her stated injuries including past and future medical expenses, pain and suffering, lost income, and more. The amounts she claimed reflected both immediate and long-term impacts.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Marquita Smith
· Counsel for Plaintiff(s): Ryan M. Scher | Adam G. Scher
· Experts for Plaintiff(s): Lawrence Alexander | Robert Getter | Roger Ramos | Barry E. Schapiro
Defendant(s): FEG Sawgrass, LLC (d/b/a Johnny Rockets aka In The Game)
· Counsel for Defendant(s): Michael F. Barzyk, Esq. | Ian P. Singer, Esq.
· Experts for Defendant(s): Roy A. Wadding | Amar D. Rajadhyaksha
Key Arguments or Remarks by Counsel
Plaintiff’s attorneys argued FEG Sawgrass, LLC, as the entity responsible for running the restaurant, neglected its duty to keep the premises safe. They asserted the hazardous floor posed a foreseeable risk and directly caused Smith’s injuries. Their position was that the Defendant either knew about the danger or should have discovered it with reasonable inspections but did not act in time to prevent harm.
The Defendant’s counsel, however, denied liability for the accident. They raised several defenses:
Smith bore some or all fault for her fall by failing to pay attention.
The condition, if it existed, was open and obvious, so Smith should have avoided it.
The presence of a wet floor might have been due to events outside the control of the restaurant.
At all relevant times, the restaurant had exercised reasonable care in maintaining safety.
Some injuries might have pre-existed or been worsened by Smith’s failure to follow medical advice after the incident.
Claims
Smith’s main claim was that FEG Sawgrass, LLC negligently maintained the restaurant floor. She maintained this failure was the direct and proximate cause of her injuries. As a result, she sought financial compensation for her physical harm, medical care, loss of earnings, and other costs and losses flowing from the accident.
Defense
The defense responded by generally denying negligence. Central to their position was comparative negligence—they argued Smith herself contributed to the accident. They also claimed Smith’s injuries either predated the fall, were exaggerated, or resulted from her own actions following the incident. Furthermore, the defense contended the condition was open and obvious, and Smith should have taken reasonable steps to avoid harm.
Jury Verdict
The jury deliberated on responsibility for Smith’s injuries and the number of damages. They found that FEG Sawgrass, LLC was negligent and that its negligence was a legal cause of Smith’s injuries. The jury also concluded that Smith was partly at fault for her own injuries, assigning her 20% of the responsibility, while the restaurant bore 80% of the blame.
For damages, the jury awarded Smith a total of $584,589.44, itemized as follows:
For medical expenses already incurred: $324,589.44
For estimated medical expenses in the future: $100,000
For pain, suffering, disability, and related losses in the past: $20,000
For projected pain and suffering in the future: $140,000
The verdict also reflected that, because Smith was found 20% liable for her injuries, the Court would reduce her award by that percentage. So, the amount she would actually recover would be less than the full $584,589.44 after applying the reduction for comparative negligence.
The case concluded with the jury’s decision on February 24, 2025, marking the end of a legal process that began in 2020 and focused on standards of premises safety, personal responsibility, and the damages owed for injuries on commercial property.
Court documents are available upon request at jurimatic@exlitem.com