Burger King will make $8M payout to customer who slipped and fell
Burger King Franchisee in Florida Ordered to Pay Nearly $8 Million in Damages to Customer Who Slipped and Fell
A Burger King franchisee in Hollywood, Florida, has been instructed to pay an approximate sum of $8 million to a customer who sustained injuries after slipping and falling at the restaurant. The customer, Richard Tulecki, aged 48, suffered lower back injuries that necessitated surgery after slipping on a foreign substance near the restroom area of the Burger King establishment, according to court documents. Tulecki’s attorneys revealed that the fall resulted in serious injuries, leading to subsequent surgery and a postoperative perforated colon.
The lawsuit, filed in January 2021, alleged negligence on the part of Burger King for failing to maintain a hazard-free environment within the premises. A Broward County jury recently awarded Tulecki $7.8 million in damages, encompassing lost earnings amounting to $3.35 million and $700,000 for medical expenses. However, the court later adjusted the awarded amount to $7.68 million, accounting for medical expenses already covered by Tulecki’s insurance.
Tulecki’s legal representation, Ginnis & Krathen, P.A., heralded the verdict as one of the largest slip and fall judgments in Florida’s history pr. H. Ross Zelnick, one of Tulecki’s personal injury attorneys, expressed satisfaction with the outcome, noting that it would provide resources for Tulecki and his family to move forward in the wake of the considerable hardship caused by the defendant’s negligence.
Seven Restaurants, the owner of the Burger King franchise, has filed a motion for a new trial, contending that Tulecki provided insufficient evidence to establish that the restaurant’s manager was aware of the alleged foreign substance responsible for the slip and fall incident. The motion further criticized the $7.8 million award as being excessively high. Attorneys representing Seven Restaurants have not yet responded to requests for comment.
Ginnis & Krathen attorneys emphasized the crucial role played by linking Tulecki’s slip and fall incident to his subsequent gastrointestinal issues, which significantly influenced the substantial verdict. They highlighted their firm’s extensive trial experience, financial resources, and dedicated team of legal and medical experts, enabling them to effectively challenge billion-dollar insurance companies. Despite the insurance company denying any wrongdoing and offering a mere $200,000 for a settlement, Tulecki and his legal team opted to proceed to court, resulting in their favorable day in court, according to Miguel A. Amador, a prominent slip and fall lawyer in Fort Lauderdale.
