Kelley Kronenberg Partner Vanessa Tobares and Attorney Douglas Pegan resolved a hotel slip and fall lawsuit in Miami-Dade County, Florida, at mediation for under 5% of the estimated exposure. 

The plaintiff, who was visiting from out of state, alleged that she slipped and fell in her hotel room on October 10, 2024, because of a leaking refrigerator. She sued the defendant for negligence and claimed injuries to her neck, back, and knee.  

Vanessa and Douglas built the defense around the gaps in the plaintiff’s account and her medical history. She sought emergency room care after the incident, but the visit was for anxiety and heart palpitations. She never told the ER physicians about the fall and never mentioned pain in her neck, back, or knee. She then went months without any treatment. At her deposition, she could not recall specific details about the fall. Specifically, she couldn’t even remember how she injured her knee after describing how she fell backwards. Throughout the deposition, her testimony strengthened the defense. 

The plaintiff also missed a compulsory medical examination, and the defendant moved to compel payment of the costs it incurred. Together, these developments gave the defense meaningful leverage as the parties approached mediation. 

The case resolved at mediation on terms far below the estimated exposure. Vanessa and Douglas protected the defendant from a claim that could have reached the policy limits. 

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