Blitz's counsel discontinued the claim against Wedgewood Village Property Owners Association. The matter proceeded to a trial against Winston Trails Foundation.

Blitz claimed that his fall was a result of him having tripped. Blitz's expert architect opined that the sidewalk's surface was not even, and Blitz's counsel argued that the uneven surface constituted a hazard.

Defense counsel contended that Blitz's fall occurred on an even section of the sidewalk. Defense counsel noted that Blitz provided inconsistent testimony regarding the exact area in which the fall occurred. The defense's expert engineer reviewed video footage of the incident, and, after conducting a triangulation process, the expert concluded that the fall occurred on an even section of the sidewalk. The defense noted that Blitz had fallen previously, some two weeks prior to the instant accident, and it suggested that the instant accident may have been a result of a mobility deficit, rather than the sidewalk's condition. The defense also argued that Blitz, who lived in the housing complex and regularly traversed its sidewalks, should have been aware of any significant defect of the sidewalk.

The trial was bifurcated. Damages were not before the court.

Blitz was transported to JFK Medical Center, in Atlantis. He was soon transferred to Delray Medical Center, in the city of Delray Beach. A CT scan revealed that he was suffering a subdural hematoma. Blitz underwent a craniotomy, which involved evacuation of his hematoma. The procedure also included implantation of titanium plates. Blitz's hospitalization lasted two weeks.

Blitz claimed that he suffers residual damage of his brain. He claimed that he suffers resultant impairment of his memory and other elements of his cognition, and he also claimed that he suffers resultant impairment of his gait. He has undergone extensive treatment. He sought recovery of more than $1 million for past medical expenses, an unspecified amount for future medical expenses, and unspecified damages for past and future pain and suffering. His wife presented a derivative claim.

The jury rendered a defense verdict. It found that Winston Trails Foundation was not liable for Marvin Blitz's fall. The defense waived its right to recover fees and costs, and plaintiffs' counsel waived the right to appeal.

Verdict: Defense

Case: Marvin Blitz v. Winston Trails Foundation, Inc. and Wedgewood Village Property Owners Association, Inc., No. 50-2020-CA-006210-XXXX-MB

Court: Palm Beach County Circuit Court, 15th

Judge: James Nutt

Plaintiff Attorneys: Mark R. Hanson; Gordon & Partners, P.A.; Palm Beach Gardens, FL Jennifer Lipinski; Gordon & Partners, P.A.; Palm Beach Gardens, FL

Defense Attorneys: Jeffrey C. Cosby; Williams, Leininger & Cosby, P.A.; Stuart, FL (Winston Trails Foundation Inc.) Maureen Martinez; Williams, Leininger & Cosby, P.A.; North Palm Beach, FL (Winston Trails Foundation Inc.) None reported (Wedgewood Village Property Owners Association Inc.)

Insurer: Auto-Owners Insurance for Winston Trails Foundation

Trial Details: Trial Length         2 Days

Trial Deliberations 70 Minutes

Jury Vote             6-0

Jury Composition  4 male, 2 female

Plaintiff Expert: Thomas J. Lodge A.I.A., architecture, Palm Beach Gardens, FL

Defense Expert: Christopher Wendt P.E., engineering, Fort Lauderdale, FL