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A jury decided that a Boca Raton shopping plaza must pay $47,950 to a patron who broke a hip in a fall, but the result was largely a victory for the shopping plaza.

On March 31, 2016, plaintiff Lory Brenner, 67, fell while she was traversing a walkway of a restaurant that was located at 7600 W. Camino Real, in Boca Raton. She suffered an injury of a hip.

Brenner sued the restaurant's operator, Asia Fountains LLC, and the premises' owner, Boca Medical Plaza LLC. The lawsuit alleged that the defendants were negligent in their maintenance of the premises. The lawsuit further alleged that the defendants' negligence created a dangerous condition that caused Brenner's fall.

Leon Hunter and Matthew D. Levy of Kanner & Pintaluga in Boca Raton represented the plaintiff. Jose Gutierrez and Angelique Romero of Cosio Law Group in Coral Gables represented (Boca Medical Plaza LLC, while no attorneys were reported for Asia Fountains LLC.

Brenner's counsel negotiated a pretrial settlement of the claim against Asia Restaurant. Terms were not disclosed. The matter proceeded to a trial against Boca Medical Plaza.

Brenner claimed that her fall was a result of her having tripped on an upwardly displaced paver. She claimed that the paver's surface was significantly higher than that of the surrounding pavers. Brenner's building-inspection expert opined that the pavers were defective. Brenner's counsel contended that the hazard was easily detectable, but that Boca Medical Plaza had not established a written protocol to ensure effective inspection of the walkway or the premises. Brenner's counsel also contended that Boca Medical Plaza failed to provide a warning that disclosed the walkway's hazardous condition.

The defense contended that Brenner could not prove that her fall was caused by the displaced paver. Witnesses disagreed as to the area in which Brenner fell. Alternatively, the defense contended that Boca Medical Plaza had not been aware of any hazard that may have caused Brenner's fall. During cross-examination, Brenner's building-inspection expert conceded that a paver can quickly become displaced.

The defense also argued that the accident was a result of Brenner having failed to avoid a hazard that Brenner's counsel deemed an obvious condition.

Brenner suffered a nondisplaced fracture of her right hip. The fracture involved the neck of the right femur.

Brenner was retrieved by relatives, and she was transported to Boca Raton Regional Hospital, where she underwent open reduction and internal fixation of her right hip's fractured components. Her hospitalization lasted four days.

Brenner subsequently underwent more than four years of physical therapy, though the treatment was rendered intermittently.

Brenner claimed that she suffers residual pain and limitations. She claimed that she requires further physical therapy, and she also claimed that she requires replacement of her right hip. She sought recovery of past medical expenses, future medical expenses, damages for past pain and suffering, and damages for future pain and suffering.

The defense contended that Brenner's counsel could not establish that further surgery would be necessary. Judge Joseph Marx agreed, and he ruled that Brenner could not seek damages for further surgery.

The defense's expert orthopedist opined that Brenner achieved a good recovery. The defense suggested that Brenner's physical therapy largely addressed unrelated conditions and is no longer necessary.

The jury found that Boca Medical Plaza and Brenner shared liability for the accident. Boca Medical Plaza was assigned 35 percent of the liability, and Brenner was assigned 65 percent of the liability.

The jury determined that Brenner's damages totaled $137,000, but the comparative-negligence reduction produced a net recovery of $47,950.

Boca Medical Plaza's counsel has moved to recover attorneys' fees and costs.

Court: Palm Beach County Circuit Court

Judge: Joseph Marx

Award breakdown: $27,000 past medical cost $10,000 future medical cost $70,000 past pain suffering $30,000 future pain suffering $137,000 Plaintiff's Total Award

Insurer: GuideOne Insurance for Boca Medical Plaza

Plaintiff Experts: Jeff G. Hooper, inspection, Jupiter, FL C. Robert Johnson D.O., internal medicine, Boca Raton, FL (treating doctor) Alan Saperstein M.D., orthopedic surgery, Boca Raton, FL (treating doctor)

Defense Experts: Jeffrey S. Penner M.D., orthopedic surgery, Lake Worth, FL