Central Florida mom wins nearly $4 million after slipping at Publix store

A Central Florida woman who slipped at a Publix store nearly three years ago has won just under $4 million in a lawsuit against the company, according to court records acquired by News 6.

In the original allegation, Victoria Marcano said she was visiting the Kissimmee business on North John Young Parkway in June 2023.

More specifically, the lawsuit claims Marcano stumbled on a “liquid substance” inside the business, resulting in “severe, grievous, and permanent injuries.”

“A dangerous condition existed on the floor of the store,” according to the lawsuit. “This dangerous condition consisted of liquid on the floor of Publix’s store in the soft drink aisle.”

As a result, the complaint charged Publix Supermarkets with negligence.

Just last month, a jury found Publix completely liable for Marcano’s injuries.

Overall, the jury awarded Marcano $3.967 million, which is broken down as follows:

$411,000 for previous medical expenses
$556,000 for future medical expenses
$750,000 in damages for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life sustained in the past
$2.25 million in damages for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life sustained in the future

However, Publix Supermarkets filed a move for a new trial earlier this month, claiming that the trial court misapplied a part of state law dealing with carelessness.

“Because the trial court… 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 court’s request states. “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.”

Alternatively, Publix is requesting that the court reduce the jury’s award of past economic damages to just under $34,000 to better match the amount of prior medical damages allowable under state law.