KISSIMMEE, Fla. — A woman from Central Florida received nearly $4 million from a jury following a slip-and-fall at a Kissimmee Publix. The verdict held the grocery store entirely responsible for the injuries Victoria Marcano suffered in June 2023.
The $3.967 million total award covers past and future medical costs plus pain and suffering. However, Publix has requested a new trial, claiming that the court wrongly permitted the jury to review “inflated” medical bills that go against Florida law.
Marcano lodged the initial complaint after an incident at the Publix on North John Young Parkway. The lawsuit states she slipped on a “liquid substance” inside the store, leading to what was described as “severe, grievous and permanent injuries.” After a trial, the jury found the supermarket chain entirely liable for the incident.
The $3.967 million total award comprises various damage categories. The jury assigned $411,000 for past medical expenses and $556,000 for future medical care Marcano is anticipated to require.
The remaining amount covers non-economic damages such as disability, physical impairment, disfigurement, and mental anguish.
The jury awarded $750,000 for past damages in the non-economic portion of the award. An extra $2.25 million was granted for pain and suffering, as well as the projected loss of enjoyment of life.
In its motion for a new trial filed earlier this month, Publix argued the following:
Because the trial court incorrectly applied section 768.0427, Florida Statutes, and 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 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
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