Martha Omega Araujo v. Publix Super Markets Inc.

Case Background

Plaintiff Martha Omega Araujo filed the Premises liability lawsuit on June 2, 2020, in the Florida State, Circuit Court of Miami-Dade County (Case number: 2020-011610-CA-01). It was presided over by Judge Barbara Areces.

Cause

On October 9, 2019, Martha Omega Araujo, a resident of Miami-Dade County, Florida, visited a Publix Super Markets store located at 1500 Southwest 57th Avenue, West Miami, Florida 33144. Araujo entered the premises as a patron/invitee, expecting a safe shopping environment. While in the store, specifically near the pharmacy area, Araujo encountered a hazardous condition. She slipped on dirty, pink substances or other slippery, dirty transitory substances that were present on the floor. This unexpected encounter with the slippery surface caused Araujo to fall, resulting in serious personal injuries. At the time of the incident, Publix Super Markets, Inc., a Florida Profit Corporation doing business in Miami-Dade County, had exclusive dominion, possession, and control over the premises through its agents, employees, and/or servants. The complaint alleged that these representatives of Publix were acting within the course and scope of their employment when the incident occurred.

Injuries

As a direct result of the fall, Martha Omega Araujo suffered significant bodily injuries. While the complaint did not provide specific details about the nature of her injuries, it emphasized the severity and wide-ranging impact of the harm she endured. Araujo experienced acute pain and suffering following the incident. The injuries led to some degree of disability, although the extent was not specified in the complaint. There were also mentions of disfigurement and physical impairment, suggesting visible or lasting effects from the fall. Beyond the physical toll, Araujo suffered considerable mental anguish due to the traumatic nature of the incident and its aftermath. The fall and subsequent injuries significantly diminished her capacity for the enjoyment of life, impacting her overall quality of living.

Damages

The fall at Publix resulted in substantial financial damages for Martha Omega Araujo. She incurred significant expenses related to necessary hospitalization following the incident. The injuries required ongoing medical care, leading to mounting medical bills. Araujo also needed nursing care and treatment, adding to the overall cost of her recovery. The complaint emphasized that these losses were either permanent or continuing in nature, suggesting long-term or chronic issues resulting from the fall. Furthermore, it stated that Araujo would continue to suffer these losses in the future, indicating anticipated ongoing medical needs and associated costs. The plaintiff sought damages in excess of $30,000, exclusive of attorney’s fees and costs, to compensate for these extensive financial burdens and non-economic losses.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Martha Omega Araujo
    • Counsel for Plaintiff: Jimmy De La Espriella| Javier A. Finlay | Nadine Figueroa | Philip D. Parrish

 

  • Defendant(s): Publix Super Markets Inc
    • Counsel for Defendants: Raymond L. Cordova| Jason B. Gonzalez | Jessica Leighann Slatten

Claims

The complaint alleged that Publix breached its duty of reasonable care to maintain the premises in a safe condition for invitees like Araujo. Specifically, the plaintiff claimed that Publix failed in several key areas:

  • Publix did not properly maintain and examine the floors to ensure they were safe and free from liquid and debris.
  • The company negligently allowed dirty, slippery liquid or other foreign transitory substances to remain or accumulate on its floors.
  • Publix failed to exercise reasonable care in the maintenance of its floors.
  • The store did not warn Araujo of the dangerous condition present near the pharmacy area.
  • Publix allowed the dangerous condition to exist for a sufficient length of time that a reasonable inspection would have discovered it.
  • The complaint suggested that this type of condition occurred with great frequency and was therefore foreseeable to Publix.
  • The store failed to utilize reasonable care in the inspection and/or maintenance of the premises, including the floors.

The lawsuit argued that Publix either knew or should have known about the hazardous condition through reasonable inspection and maintenance practices. By failing to address these issues, Publix created an unreasonable risk of harm to Araujo and other customers.

Defense

Publix Super Markets, Inc. responded to Martha Omega Araujo’s complaint with an answer and several affirmative defenses. In its answer, Publix denied most of the allegations made by the plaintiff, including those related to the alleged dangerous condition and the company’s negligence. The defendant admitted only to being a Florida Profit Corporation doing business in Miami-Dade County and having control of the premises at the time of the incident.

In its affirmative defenses, Publix argued that Araujo’s own negligence caused or contributed to her injuries, potentially barring or reducing her recovery under comparative negligence principles. The company asserted that it lacked actual or constructive knowledge of the alleged dangerous condition, as required by Florida Statute 768.0755. Publix claimed that if a dangerous condition existed, it was open and obvious, and Araujo assumed the risk by choosing to remain exposed to it. The defense also suggested that Araujo failed to observe warnings or instructions regarding the alleged hazard.

Furthermore, Publix raised the possibility that a third party not under its control might have caused Araujo’s injuries. The company argued that its actions, even if negligent, were not the legal cause of the plaintiff’s damages. Publix also claimed that Araujo failed to mitigate her damages and that her medical expenses and lost wages claims were exaggerated or unrelated to the incident. The defense asserted its right to a setoff for any collateral source benefits Araujo received or was entitled to receive. Finally, Publix demanded a jury trial on all triable issues.

Jury Verdict

On April 12, 2024, the jury awarded Martha Omega Araujo a total of $721,717.00 in damages. This amount included $133,385.00 for past medical expenses. Additionally, the jury awarded $109,950.00 for past pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and loss of capacity for the enjoyment of life. For future damages of the same nature, the jury awarded $479,382.00.

Court Documents:

Available Upon Request