With a string of consecutive trial victories in a row for Publix, the supermarket giant seemed invincible. Then Morgan & Morgan went to trial in a case representing a 56-year-old woman who suffered a herniated cervical disc after a slip and fall incident and secured a $4.2M verdict.
Morgan & Morgan attorneys Michael Woodard, Rocky Wilkins, and Michael Patrick forced Publix to concede negligence, focusing the trial on causation and damages. After rejecting a final settlement offer of $200,000, the jury ultimately awarded a verdict twenty times higher.
The result was a significant legal blow to the big box store. Adding insult to injury, the court battle took place near Publix's headquarters in Lakeland, FL.
Verdicts in the millions against big box stores in cases involving slips and trips, often with resulting falls, are pro forma for Morgan & Morgan. What makes Morgan & Morgan so adept at handling premises cases against large retailers?
According to Casey Civiello, General Manager of Premises Liability at Morgan & Morgan, here are 4 key factors to our success when taking on the big box retailers:
1. Focus
At Morgan & Morgan we have an army of over 200 attorneys focused exclusively on premises cases, handling around 12,000 premises litigation files.
Our dedicated premises team allows each member to gain deep experience, specifically in premises litigation. They have won countless cases against big-name retailers, making them well-versed in the tactics used to avoid paying fair compensation.
Leveraging Collective Knowledge and Experience
Morgan & Morgan’s success with tens of thousands of slip/trip and fall cases provides an enormous pool of reference data on all kinds of accidents and injuries across hundreds of jurisdictions. Defendants include nearly every major retailer in the country. Our case management system enables attorneys to quickly access insights and precedents from past cases within the firm.
Know Thy Enemy
Our attorneys have a deep grasp of major corporations like Publix, Walmart, and Disney’s safety protocols and lapses, allowing us to quickly assess liability.
Many of our attorneys were formerly on the defense side of premises litigation, which allows us to evaluate cases from both the plaintiff and defense perspectives. We are intimately familiar with their defense counsel and can often predict their strategies and tactics.
This familiarity goes both ways: the defense recognizes our proficiency, boosting our negotiation effectiveness.
2. Collaboration
Our attorneys meet weekly to dissect recent developments, share challenges, receive feedback, and strategize on complex cases. These sessions foster collaboration and ensure that every team member is well-prepared to tackle diverse legal challenges effectively.
Staying Ahead of the Curve
Monthly trial calls and frequent roundtable discussions further enhance a law firm's ability to stay informed and adapt strategies as needed. These gatherings promote a proactive approach to case management, ensuring that the firm remains agile and responsive. Through a commitment to learning and open communication, we continuously pool experience and expertise.
Trial Operations
If a case goes to trial, our dedicated Trial Operations group manages exhibits and visual aids, supporting paralegals and case staff in trial preparation. Lead premises attorneys like Varun Ramnarine and others in the firm maintain weekly updates to ensure consistent trial readiness.
3. Who and Where
Big box defendants add a level of complexity due to their many locations, organizational structures, and possible franchisees.
Knowing Who to Sue
Identifying the correct entity to sue, whether the parent company, subsidiary, or specific store location, is a complex decision that is essential for a successful claim.
Where to File
Choosing the right venue is crucial, as these stores operate in multiple states. It's important to file in the appropriate jurisdiction based on where the incident occurred and where the store is incorporated.
Also, as strict timelines in federal court do make for a much more stringent practice, our attorneys generally aim to stay within local courts by keeping claims under the threshold dollar value and avoiding diversity jurisdiction.
4. Efficiencies
Expedited Investigation Process
At Morgan & Morgan, our unique process begins immediately after intake. Within 24-48 hours, we dispatch an investigator to the scene to document conditions, which is crucial for securing solid evidence.
Obtaining video surveillance can be the lynchpin of most big box store cases. This process helps us assess liability and the likelihood of winning. By quickly gathering photos and evidence, we strengthen our case files from the onset and make informed decisions about the viability of each case.
Determining Depositions & Engaging Experts
Identifying and deposing employees who may have witnessed an incident or are knowledgeable about store policies is part of the early discovery process in litigation.
This involves requesting information about who was working during an incident and deciding which employees to depose. To avoid unnecessary depositions, there’s a balance between thoroughness and efficiency. Our attorneys use their discretion and expertise to focus on proving liability.
We’ll See You in Court
Preparing for litigation against well-funded defendants like big box companies involves leveraging our financial strength and resources to build strong cases.
Morgan & Morgan’s approach to litigation emphasizes specialized teams for different stages of cases. We highlight the coordination of trial dates and pairing up our top trial attorneys, including renowned orators like Keith Mitnik, for maximum impact in court.
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June 29th’s verdict against Publix not only marked another significant legal victory for Morgan & Morgan but also serves as a stark reminder to large retailers to be wary of those law firms which know their adversaries, can anticipate their tactics, and can summon their collective knowledge and experience in litigation. The battle between well-represented individual plaintiffs and big-box giants is far from over.
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