Araujo v. Winn-Dixie Stores, Inc.
After a slip-and-fall jury trial that apportioned fault 50/50 and awarded the plaintiff $231,435.13, the Third DCA affirmed both the final judgment and the denial of the plaintiff's rule 1.380(c) fee motion. The court held that Worley v. Central Florida YMCA does not bar defense cross-examination of a plaintiff's non-party treating physician about the percentage of his practice and income derived from referrals by the plaintiff's law firm, and that no spoliation/adverse-inference instruction was warranted where no duty to preserve additional video was shown.
Key facts
- Plaintiff sued defendant store after a slip-and-fall incident; jury trial resulted in 50/50 apportionment of fault and awarded plaintiff $231,435.13.
- Plaintiff appealed both the final judgment and the trial court's denial of her rule 1.380(c) attorney's fee motion following the adverse jury verdict.
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Why it matters
The opinion gives defense counsel a citable Third DCA clarification that Worley does not immunize treating physicians from bias cross-examination about law-firm referral income — a recurring battleground in personal… — full analysis with a trial
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