ThePlaintiff Denise Kaba was on a Caribbean cruise on the Carnival Pride, when she slipped and fell on the pool deck. She claimed to havefractured her right knee in the fall.
Kaba filed a lawsuit against Carnival Corp, alleging that the pool area had a resin service, which created a slippery condition.Her attorneyargued that there had been several prior accidents on the same flooring surface on the Pride and other Carnival ships.
Carnivaladmitted liability, and the matter proceeded to a trial on causation and damages.
Kaba suffered a displaced and comminuted fracture of her right patella.
Kaba was initially examined on the ship, but was told her injury did not need immediate treatment. She was later examined in New Jersey, where she was diagnosed with the knee fracture.Kaba laterunderwent open reduction and internal fixation. She was subsequently placed in a knee immobilizer and discharged home from the institute.She then required additional operations in December 2009, January 2009, and two in March 2010. On Sept. 29, 2010, she underwent a patellar tendon replacement surgery, consisting of a cadaver allograft.
Kaba continues to be under the care of her treating doctors and is still undergoing physical therapy. However, she claimed that she now requires a brace from her hip to her ankle to help her walk and remains in daily pain, for which she has been prescribed pain medication. She also claimed that she is a candidate for at least one knee replacement surgery and may eventually need to have her knee fused into place. The plaintiff’s treating doctors opined that Kaba has reached maximum medical improvement.
Kaba testifiedthat this slip and fall accident changed her life in that she was an active woman prior to her surgery, but now walks with a halting gait and is unable to run or jump. She alleged that she can no longer participate in some of her favorite activities, such as teaching for the Boy Scouts and taking walks with her husband. She also alleged that activities, such as showering and using the restroom, have become painful. In addition, Kaba contended that she was planning on returning to the workforce once her kids were older, but that her injuries have precluded it.
Defense counsel contended that the knee surgeries offered some relief for Kaba. They also contended that Kaba had no intention to return to work, as she had not been employed for over 30 years and, thus, would not be entitled to lost earnings.
Kaba was awarded $2,925,957.55 in damages and were broken down as follows”
$221,911 Personal Injury: Past Medical Cost
$373,564 Personal Injury: Future Medical Cost
$170,483 Personal Injury: FutureLostEarningsCapability
$200,000 Personal Injury: Past Pain And Suffering
$1,960,000 Personal Injury: Future Pain And Suffering
Ifyou havebeen involved in slip and fall accident on the premises ofthird party you may be able to bring a claim for negligence against that landowner. InFlorida a landowner owes a business invitee the highestduty of care. A business invitee as opposed to a trespasser on a given property is deemed to bepresent on the propertyfor theirbenefit and forthebenefit of the landowner.An injured party may seek compensation for all damages that are caused by an accident on a landowner’s property. The burden of proof is on the plaintiff/injured party to prove by a preponderence of the evidence that the negligence of the defendant/landlord was the proximate and direct cause of the accident and all of the claimed injuries and other damages./practice-areas/florida-slip-and-fall-accident/