Kelley Kronenberg Partner Vanessa Tobares achieved a significant early settlement for her restaurant client in Martin County, reducing a six-figure demand by over 80% through strategic case analysis and informal negotiations conducted in less than 60 days from the filing of suit. 

The case arose from an August 6, 2022 slip and fall accident in the parking lot of a commercial property. The plaintiff alleged she slipped and fell down a ramp due to wet, slippery, and slimy conditions, claiming the ramp was improperly built or maintained. She asserted she fell flat on her face, knocking out her top front row of teeth, and also claimed injuries to both wrists, her left foot, left toe, and right knee. 

The case presented several defense advantages that Vanessa immediately recognized. No photographs existed documenting the plaintiff’s alleged injuries at the scene. No surveillance footage captured the incident. Most critically, a thorough review of the medical records revealed that many of the plaintiff’s medical bills were unrelated to a trip and fall mechanism of injury. 

Vanessa developed a multi-faceted defense strategy focusing on comparative negligence, causation challenges, and the unrelatedness of significant medical expenses. She prepared to argue that the plaintiff failed to use due care when walking and failed to observe water present on the walkway ramp, establishing comparative negligence that could reduce or eliminate recovery under Florida’s comparative fault statute. She also highlighted a question of credibility given that, on the day of the accident, the plaintiff told an employee at the restaurant that she tripped over the parking block; but she later told them she slipped on a slippery ramp.  

Most decisively, Vanessa identified that substantial portions of the claimed medical treatment bore no reasonable relationship to the mechanics of a slip and fall accident. This became her strongest argument in settlement negotiations. In premises liability cases, plaintiffs bear the burden of proving that medical treatment was reasonable, related, and medically necessary as a result of the defendant’s negligence. When medical bills include treatment for conditions unrelated to the alleged accident, those expenses cannot be recovered. 

Rather than engage in protracted and expensive discovery, depositions, and expert retention, Vanessa initiated informal settlement negotiations with opposing counsel. She presented a compelling case analysis demonstrating the significant weaknesses in the plaintiff’s claim: the absence of photographic or video evidence, the comparative negligence issues, and most importantly, the inclusion of unrelated medical expenses that would be excluded at trial. 

Through skillful negotiation and clear presentation of the evidentiary problems facing the plaintiff, Vanessa achieved a favorable settlement representing less than 20% of the initial demand. The resolution was reached in less than 60 days from the filing of suit, saving the client substantial defense costs that would have been incurred through full discovery, depositions, expert witnesses, and trial preparation. 

This early resolution demonstrates the value of immediate, thorough case evaluation upon receiving a lawsuit. By quickly identifying fatal weaknesses in the plaintiff’s medical damages claim, Vanessa positioned the case for efficient resolution rather than allowing it to languish in expensive litigation. 

For restaurant owners and commercial property managers, this case illustrates that aggressive early case analysis can lead to significant savings. When medical bills include treatment unrelated to the alleged accident mechanism, skilled defense counsel can leverage this weakness to achieve favorable settlements before incurring substantial defense costs. The case also reinforces the importance of comparative negligence arguments in slip and fall cases where plaintiffs fail to exercise reasonable care for their own safety. 

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