OSCEOLA COUNTY, Fla. – After slipping nearly three years ago in a Publix store, a Central Florida woman has now won just under $4 million in a lawsuit against the company, according to court records obtained by News 6.
In the original complaint, the woman — identified as Victoria Marcano — claimed she was visiting the Kissimmee store along North John Young Parkway back in June 2023.
More specifically, the lawsuit says that Marcano slipped on a “liquid substance” inside the store, which led to “severe, grievous and permanent injuries.”
“A dangerous condition existed on the floor of the store,” the lawsuit reads. “This dangerous condition consisted of liquid on the floor of Publix’s store in the soft drink aisle.”
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As a result, the lawsuit accused Publix Supermarkets of negligence.
Just last month, a jury verdict was released that found Publix 100% at fault for Marcano’s injury.
In all, the jury awarded Marcano a total of $3.967 million, which breaks down as follows:
- $411,000 for previous medical expenses
- $556,000 for future medical expenses
- $750,000 in damages for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life sustained in the past
- $2.25 million in damages for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life sustained in the future
However, Publix Supermarkets filed a motion for a new trial earlier this month, arguing that the trial court had incorrectly applied a section of state law relating to negligence.
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“Because the trial court... allowed Ms. Marcano to present evidence of inflated medical bills rather than the restricted evidence mandated by section 768.0427(2), a new trial on all damages is warranted,” the motion reads. “The inflated evidence of past medical damages not only affected the jury’s determination of future damages, but also its award of past and future non-economic damages by exaggerating the degree of medical care needed.”
Alternatively, Publix is pushing for the court to remit the jury’s award of past economic damages to just under $34,000 to better reflect the amount of past medical damages allowed under state law.
Meanwhile, News 6 has also obtained some of the trial transcripts, which can be read below: