Practice Area Deep Dive: A Guide To All The Premises Liability Trials in CVN’s Video Library

Posted by David Siegel on May 8, 2020 12:26:58 PM

Rowley openings

CVN screenshot of plaintiff attorney Nick Rowley delivering his opening statement in a premises liability trial involving injuries suffered at a Home Depot in California

Besides covering trials that draw nationwide attention like last year’s bellwether opioid case, Courtroom View Network also films trials that might otherwise slip through the news media’s cracks but are nonetheless of real news value to the legal, business and educational communities.

This includes the types of civil cases going to trial, week in and week out (in normal times) in courtrooms across the country but that don't make news before a verdict unless CVN is in the courtroom. One of the the most common of those practice areas is premises liability.

Among the hundreds of trials in CVN’s one-of-a-kind online trial video library are numerous premises liability cases involving defendants ranging from small mom and pop stores to national retail chains. They include a mix of plaintiff and defense verdicts and feature top litigators that build their practices around “real world” trials like these.

A $99/month, no-contract subscription to CVN’s video library gives you gavel-to-gavel access to all of the trials listed below, including all the witness testimony. Whether for training, research or both it’s an invaluable resource to any attorney involved in premises liability litigation.

Know about any premises liability trials coming up later this year CVN should cover? Drop us a line and let us know.


Spencer-Smith v. Cafe 290, et al. (August 2019, Fulton County, GA)

Link to gavel-to-gavel video of the trial:

Trial outcome: defense verdict

Plaintiff counsel: The Millar Law Firm

Defense counsel: Lewis Brisbois Bisgaard & Smith LLP

Via the CVN News Blog: “Jurors Friday cleared an Atlanta-area jazz club of fault for a fall that a patron claimed left her with serious back and hip injuries.

A Fulton County State Court jury deliberated a little over 2 hours before finding Cafe 290, in Sandy Springs, was not liable for the April 2013 fall that Tina Spencer-Smith contends left her with a labral tear in her hip and damage to a disc in her back. Spencer-Smith contends she fell when she stumbled against steps as she was about to take her seat in the club.”


Bartholomew v. The Kroger Co. (December 2018, San Diego, CA)

Link to gavel-to-gavel video of the trial:

Trial outcome: $1.43 million

Plaintiff counsel: Fox Law APC

Defense counsel: Gibbs & Fuerst LLP

Via the CVN News Blog: “Jurors Friday awarded a California nurse more than $1.4 million for the severe shoulder injury she suffered in a 2015 fall at a Ralphs grocery store.

The award, following a four-day trial limited to damages, includes more than $270,000 in Vicki Bartholomew’s medical expenses and $1.1 million in pain and suffering. Bartholomew, then 63, was shopping at a Ralphs grocery store in Oceanside, California in September 2015 when she slipped on a wet floor and fell, injuring her shoulder.”

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Conover v. 3 Options Realty LLC, et al. (October 2017, DeKalb County, GA)

Link to gavel-to-gavel video of the trial:

Trial outcome: $500,000

Plaintiff counsel: Fried Rogers Goldberg LLC

Defense counsel: Lynn Leonard & Associates

Via the CVN News Blog: “Jurors Wednesday awarded $500,000 to a woman who shattered her leg in a house deck collapse, after they found the home’s owner largely responsible for the crash and cleared the property manager of responsibility. 

A DeKalb County State Court jury needed less than three hours to find homeowner Tyson Martin 85% responsible for the October 2014 deck collapse that broke Monica Conover’s leg in two places. Jurors apportioned the remaining 15% to Shawnea and Mark Berry, the non-party tenants of the home, located in Lithonia, Georgia. The jury’s decision, which apportioned no responsibility to defendant 3 Options Realty, the property's management company, likely reduces the post-verdict judgment to $425,000.”


Canaday v. Jay’s Place Sports Bar & Lounge (August 2017, DeKalb County, GA)

Link to gavel-to-gavel video of the trial:

Trial outcome: $3.5 million

Plaintiff counsel: The Cochran Firm

Defense counsel: Law Office of Tanya Mitchell Graham PC

Via the CVN News Blog: “Jurors awarded a total of $3.5 million earlier this month to a pair of Georgia women shot outside a Stone Mountain-area nightclub.

Syria Canaday was shot in the stomach and Temika Johnson was hit in the shoulder and hip outside of Jay’s Place, a night club and sports bar on Redan Road in Stone Mountain, during a late-night shooting in September 2012.

The pair claim that they, along with other patrons, had been forced out of the club section of the location after a fight involving two other guests occurred, and they were shot as they fled to the neighboring sports bar-half of the establishment.”


Fournier v. Derazi (July 2017, Duval County, Florida)

Link to gavel-to-gavel video of the trial:

Trial outcome: $1.1 million

Plaintiff counsel: Avera & Smith

Defense counsel: Stone Glass & Connolly LLP

Via the CVN News Blog: “Jurors Tuesday found a North Florida landlord largely responsible for the broken back a college student suffered in a fall from a rental home’s deck, and awarded more than $1.1 million for her injuries.

The award, which includes $205,000 for Amanda Fournier’s medical expenses and $900,000 for her pain and suffering, stems from a 12-foot fall from a deck at a rental home owned by Shahab Derazi. Fournier, a 17-year-old University of North Florida student when the fall occurred in 2013, claims the deck’s railing gave way as she rested her hand on it during a house party thrown by Derazi’s tenant.”


Beltran v. Home Depot (March 2017, Kern County, CA)

Link to gavel-to-gavel video of the trial:

Trial outcome: settlement reached following opening statements

Plaintiff counsel: Carpenter Zuckerman & Rowley LLP

Defense counsel: Burnham Brown

Via the CVN News Blog: “The attorney for a man hit by falling metal boxes in a Home Depot asked a California state court jury on Thursday to award his client up to $50 million in damages, arguing the accident injured his brain and left him struggling each day to “keep from losing his mind.”

Nick Rowley of Carpenter Zuckerman & Rowley told jurors during his opening statement that Jaime Beltran, 54, is unlikely to further recover from the traumatic brain injury that he sustained while shopping, and that his medical expenses alone could reach $8 million. He claimed Beltran suffers from pain, anxiety, depression, memory problems and a decreased capacity for “executive function.”

Home Depot, which has admitted liability for the accident, maintains that Beltran suffered a less serious brain injury than Rowley described, and that Beltran’s current symptoms are the result of untreated psychological issues from which he can recover, and that he would be fairly compensated with an award of $1.3 million.”


Sumner v. Lantana Palm Beach Retail, et al. (September 2016, Palm Beach County, FL)

Link to gavel-to-gavel video of the trial:

Trial outcome: mid-trial settlement 7 days in

Plaintiff counsel: Neufeld Kleinberg & Pikiert PA

Defense counsel: Gaebe Mullen Antonelli & DiMateo, Shendell & Pollock

Via the CVN News Blog: “A former realtor settled her suit against the Florida property owner and painting company she said were responsible for the fall on a shopping plaza ramp that allegedly caused her traumatic brain and spinal injuries, shortly before closing arguments were expected to begin in the trial.

Florida Circuit Court Judge Donald Hafele announced the settlement between Sharon Sumner, Lantana Palm Beach Retail LLC, and WGM Quality Painting Inc., Friday and credited jurors for their role in the six-year-old case's resolution. “But for the fact that you all were here, both sides saw the whites of your eyes, it brought a case that’s been pending since 2010, the accident happened in 2007, to a conclusion," Hafele said. And, it would not have concluded without you all being here. Obviously, I think it’s clear that’s what caused the case to resolve.”


Hendrickson v. Lowe’s Home Centers LLC (March 2016, Las Vegas, NV)

Link to gavel-to-gavel video of the trial:

Trial outcome: $16.4 million

Plaintiff counsel: Claggett & Sykes Law Firm, Lasso Injury Law LLC

Defense counsel: Lewis Brisbois Bisgaard & Smith LLP, Thordal Armstrong Delk Balkenbush & Eisinger PC

Via the CVN News Blog: “Jurors Friday awarded more than $16.4 million to a Lowe’s patron who suffered permanent head injuries from a 2013 fall at one of the company’s stores.

The award came as jurors concluded the company’s negligence caused Kelly Hendrickson to slip and fall in water in the garden department of its South Fort Apache Street store as she was looking at palm trees. Hendrickson, whose head struck the concrete in the fall, permanently lost her senses of taste and smell among other injuries.

Hendrickson, 41, contends she didn't see a caution cone warning of spillage while the store watered the area's plants, and she claims the company failed to do enough to protect its patrons from falls.”


Hilario v. Newell Recycling of Atlanta (August 2015, Fulton County, GA)

Link to gavel-to-gavel video of the trial:

Trial outcome: $29.25 million

Plaintiff counsel: Shiver Hamilton LLC, The Summerville Firm

Defense counsel: Swift Currie McGhee & Hiers LLP

Via the CVN News Blog: “A wrongful death case arising from the death of a worker who was burned alive at the Newell Recycling facility in East Point, GA, that resulted in a $29 million compensatory damages verdict was resolved when the parties entered into a confidential settlement shortly before the Fulton County State Court jury was to begin hearing testimony on punitive damages.

On January 6, 2011, 19-year-old Erik Hilario died when the front-end loader that he was driving in order to move scrap metal around the plant grounds caught fire. According to documents and testimony in the case, as the loader pushed the metal across the paved surface, it caused a spark that ignited gasoline on the ground, engulfing Hilario and the loader.”


Perez v. Wawa Inc. (July 2015, Orange County, FL)

Link to gavel-to-gavel video of the trial:

Trial outcome: defense verdict

Plaintiff counsel: Morgan & Morgan

Defense counsel: Vernis & Bowling

Via the CVN News Blog: “Jurors last month found a national convenience store chain not liable for chemical burns one of its patrons claims she suffered during a gas spill.

Claiming her leg was chemically burned in January 2013 when gas sprayed from a defective pump at one of the chain’s Orlando stores as she refueled her car. Following three days of testimony and argument, jurors took less than half a day to find the company was not responsible for Perez's injuries.”


Ballesteros v. Walmart Inc. (February 2015, 12th Judicial Circuit, FL)

Link to gavel-to-gavel trial video:

Trial outcome: defense verdict

Plaintiff counsel: Carl Reynolds Law

Defense counsel: Quintairos Prieto Wood & Boyer PA

Via the CVN News Blog: “Jurors last week found an Osprey, FL Walmart store was not liable for the back and knee injuries a patron claimed she suffered when she slipped on a rain puddle inside the store.

Liliana Ballesteros sued Walmart Store 5264, claiming the store’s failure to maintain its roof or properly warn customers of hazards led her to fall while shopping during an October 2009 rainstorm. Ballesteros contended that she slipped in a puddle caused by a leak in the store’s roof and injured her back and knee in the fall. She sought more than $400,000 in past medical expenses alone.”


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Topics: Florida, Georgia, California, Retail, Premises Liabiity, Practice Area Overview