CVN screenshots of plaintiff attorney Nick Rowley (left) and defense attorney Grayson Miller (right)
Fort Walton Beach, FL - A Florida state court jury has returned a defense verdict in a lawsuit filed by a woman claiming she suffered a serious foot injury after tripping outside the parking garage at a vacation resort, and the full trial was recorded gavel-to-gavel by Courtroom View Network.
The Okaloosa County jury reached their verdict on June 26 shortly after hearing closing arguments in the three-day trial. Attorneys for plaintiff Emily Webre sought between $13.75 million and $17.87 million for foot injuries they say were caused by an unmarked cement step that violated the local building code, but the defense successfully argued Webre’s flip-flop shoes and alleged intoxication caused the accident, along with maintaining the step didn’t create a dangerous condition.
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The trial stemmed from a 2021 accident at Destin West Beach and Bay Resort, where Webre and her friends celebrated their college fall break. While walking to the parking garage with companions to leave after their stay, Webre tripped and fell on a one-inch cement step which her attorney Nick Rowley of Trial Lawyers for Justice said violated a building code requiring any unmarked elevation changes over a quarter inch to be smoothed over.
Webre maintained the fall caused an ankle break that already resulted in premature arthritis and will hinder her mobility for the rest of her life, but the defense relied on hospital treatment records that they said were entirely consistent with a normal ankle break without complications caused by tripping on flip-flops.
The defense also stressed to jurors that their instructions would not ask them whether or not the resort violated the building code, but whether or not they were negligent, and suggested a violation of a building code itself is not evidence of negligence, noting there had never been any accidents at that location previously.
Attorney Grayson Miller of Cole Scott Kissane told CVN after the trial he and his client are pleased with the verdict.
“On behalf of my client, we thank the jury for its time and attention all week as well as its verdict, and we thank the judge and the entire court staff and administration for all of their help in presenting this case to the jury,” he said.
Rowley told CVN after the trial that while he regrets the outcome he thinks it’s important for trial attorneys not to shy away from taking tough cases in front of a jury.
“It is very important that experienced successful trial lawyers never stop trying difficult cases even if they know there is a high probability they will lose,” Rowley insisted. “I knew the probability of losing going into this case. The insurance company in this case offered peanuts to a young girl who was legitimately hurt and left us no choice.”
Rowley acknowledged the medical records referencing the flip-flops posed a significant challenge along with testimony from Webre’s vacation companions with whom she had personal conflicts and testified she was intoxicated at the time - an allegation Rowley vigorously disputed during trial.
Rowley explained he took on the case after being asked for help by Webre’s father, Scott Webre, a former student of his in Gerry Spence’s famed trial lawyer training program who currently practices personal injury law. Despite the outcome, Rowley expressed hope that more trial attorneys with national reputations for being “giant killers” like him will still suit up for trials they know they have a good possibility of losing absent a just settlement offer.
“The message I want people to hear and receive is that we need to stand up for each other and we need to show up when our friends ask us for help,” Rowley said. “Real trial lawyers, experienced trial lawyers should never stop trying difficult cases, and I want those who have not made it to the top to be motivated and not feel bad about losing.”
The case is captioned Emily Webre v. Westin Beach and Day Resort Community Association Inc., case number 2023CA00053.
E-mail David Siegel at dsiegel@cvn.com