Florida Jury Verdict Reporter

Lee County 2022

(13) JANET MOKRIS vs. UNITED STATES OF AMERICA (United States District Court for the Middle District of Florida, Fort Myers Division)
County/Docket #/Judge: Lee / 2:20-cv-34 / John E. Steele
Plaintiff(s) Attorney(s): Bill B. Berke of Berke Law Firm, P.A., Cape Coral, FL; Roy D. Wasson of Wasson & Associates, Miami, FL
Defendant(s) Attorney(s): Chad C. Spraker of United States Attorney’s Office, Fort Myers, FL
Age/Sex/Occupation Of Plaintiff: 57 / F / n/a
Cause Of Injury: Negligence/Premises Liability/Federal Tort Claims Act/Slip and Fall on Water at Post Office Entrance. On Oct. 29, 2020, plaintiff Janet Mokris filed an amended complaint against defendant United States of America under the Federal Tort Claims Act. Plaintiff alleged that on May 26, 2018, she was walking into the post office at 4722 SE 17^th Avenue in Cape Coral, FL, when she slipped and fell on water that was on the tile floor, injuring her left knee. Plaintiff alleged that defendant was negligent in allowing this dangerous condition to exist and in failing to warn of the dangerous condition. In her trial brief filed on Feb. 28, 2022, plaintiff claimed that there was no awning over the doorway, that the tile floor was wet, that the surveillance camera in the lobby had not been working for nearly 10 years, that the entryway rug was not flush with the doorway, and that there was no “WET” sign displayed. Plaintiff, who was 61 at the time she filed her trial brief, alleged that she required knee surgery following the incident and could not enjoy the activities of dancing, exercising, and gardening that she had done before her fall. She sought a total of $340,000 in damages: $7,247.40 for a Medicaid lien, $1,318.99 for out-of-pocket expenses,  $291,433.61 in non-economic damages, and $40,000 for lost wages.
Defendant contended that plaintiff could not show that it had constructive notice of the condition. Furthermore, it argued, plaintiff was wearing foam-soled sandals, which contributed to her fall, and the evidence did not support a finding that her injuries were permanent in nature and proximately caused by her fall. Moreover, defendant argued, the evidence did not support a claim of loss of earning capacity. Plaintiff had been working as a substitute teacher but was off for summer vacation after her injury. She had been laid off from an accounting job in May 2015. From November 2019 to March 2020, she worked as an accountant, but quit due to parking issues.
The court held a bench trial.
Nature Of Injury: Knee injury; lost wages; pain and suffering.
Expert Witnesses:
Plaintiff's:
William J. Fischer, M.S., P.E., Civil Engineering, Punta Gorda, FL
Defendant's:
Victor Michael Marwin, M.D., Orthopedic Surgery, Canton, OH
Michael Shahnasarian, Ph.D., Vocational Rehabilitation, Tampa, FL
Judgment: $57,247.40 for Plaintiff on May 2, 2022 ($7,247.40 – medical expenses; $50,000 – noneconomic damages).
Editor’s Note: The court found that the evidence showed the existence of a dangerous condition in that the floor mat was 16 to 18 inches from the threshold, leaving the floor tiles uncovered, the floor tiles were wet, and there was no  “wet floor” or other warning sign posted. Furthermore, the court found, defendant had at least constructive notice of the dangerous condition and should have remedied it. As for causation, the court found that plaintiff had proven that her fall caused her fracture and her medial meniscus tear, but not her chondromalacia, which was more likely caused by her age. The court rejected defendant’s argument that plaintiff had created a foreseeable zone of risk by wearing flip-flops, which were commonly worn in Florida.
As for damages, the $7,247.40 plaintiff claimed in medical expenses was undisputed, but plaintiff had not presented any evidence as to her out-of-pocket expenses. The court found that plaintiff had not proven lost wages, as she made more after her fall than before it, and she presented no evidence that she had to decline substitute teaching work or that she was unable to seek out accounting work. Indeed, she found employment as a seasonal cashier shortly after her fall. Finally, the court stated, $50,000 was a reasonable amount for non-economic damages, as plaintiff had suffered pain during and after the accident and was limited in some of the more active hobbies that she had enjoyed before the fall, such as dancing and ice skating.