Case Background
The legal battle began after a catastrophic accident at a Winter Park establishment known as Winter Park Social. On November 25, 2017, Karim Elkasimi had visited the restaurant and bar with friends. While he was on the second floor near the main entrance and exit, he fell down approximately 20 stairs. The fall resulted in life-altering injuries that led Elkasimi and his wife, Denise Tjon Ket Tjong, to file a lawsuit against the entities responsible for the property's management and safety.
Cause
The Plaintiffs alleged that the stairway where the fall occurred was inherently dangerous and failed to meet multiple safety standards. Investigations revealed that the vertical rise of the stairs measured over 13 feet, exceeding the 12-foot limit allowed by the Florida Building Code. Additionally, the individual steps were too high, and the treads were too narrow, creating a significant tripping hazard for patrons. The handrails also failed to meet height and extension requirements, which meant Elkasimi had no adequate way to steady himself during the fall.
Injury
The accident left Karim Elkasimi with permanent, catastrophic bodily injuries. He suffered physical impairment and disfigurement that fundamentally changed his ability to lead a normal life. Beyond the physical damage, the incident caused profound mental anguish and disability. His wife, Denise, also claimed a loss of consortium, stating the injuries had deprived her of her husband's companionship and services.
Damages Sought
The Plaintiffs demanded compensation for extensive past and future medical expenses, as well as the loss of Elkasimi’s past earnings and future ability to work. They also sought significant damages for pain and suffering, physical impairment, and the loss of capacity to enjoy life. The initial complaint requested a judgment exceeding $15,000, though the final evidence presented at trial pointed to much higher figures.
Key Arguments and Proceedings
The case proceeded through the Ninth Judicial Circuit Court in Orange County, Florida, spanning several years from the initial filing in 2018 to the final verdict in 2026.
Legal Representation
Plaintiff(s): Karim Elkasimi and Denise Tjon Ket Tjong.
· Counsel for Plaintiff(s): Matt T. Morgan and Nicholas P. Panagakis of Morgan & Morgan, P.A., along with David L. Luck.
· Experts for Plaintiff(s): Joseph Long | Jay Vachhan | Garrett M. Leslie | Cathy Gragg-Smith | Paul B. Kornber | Sean Mahan | Frederick A. Raffa | Farhad Booeshaghi | Vincent J. Mastroeni | Ken Wheatley | Ted Simon | Gary Schnepp
Defendant(s): SOHO WP, LLC (doing business as Boca Kitchen Bar & Market) and BE-1 Concepts Holdings, LLC.
· Counsel for Defendant(s): William C. McCue, James M. Shaw, Kenneth P. Carman, Stephen T. Koch, and Maria M. Schneider of Victor Shaw McCue.
· Experts for Defendant(s): Roy Wadding | Robert House | Kevin Marajh | Justin Morgan | Matthew D. Imfeld | Marc D. Kaye | Byron Walden | Cathlin Vinett Mitchell | Robert Salisbury | Donald Fournier | Ying Lu | Brian Grieser | Bruce A. Goldberger | Michael J. Herkov
Key Arguments or Remarks by Counsel
The Plaintiffs’ attorneys argued that the Defendants had a non-delegable duty to keep their business premises safe for the public. They contended that the Defendants knew or should have known about the stairway’s code violations and failed to warn patrons of the hidden danger. Counsel highlighted the lack of proper lighting, warning signs, and physical barriers that could have prevented a patron from accidentally tumbling down the steep, non-compliant staircase.
Claims
The lawsuit included counts of premises liability and general negligence against SOHO WP, LLC and BE-1 Concepts Holdings, LLC. The Plaintiffs asserted that the Defendants’ failure to inspect the premises and their decision to deter patrons from using a safer, alternative internal exit contributed to the disaster.
Defense
The Defendants denied the allegations of negligence. Swetman Building, LLLP, which owned the building, initially argued that it was not responsible for the day-to-day operations of the establishment. Throughout the proceedings, the defense attempted to shift the blame, suggesting that others might have been responsible for the conditions or that Elkasimi himself may have contributed to the accident.
Jury Verdict
A jury in Orange County, Florida found that SOHO WP, LLC d/b/a Boca Kitchen Bar & Market and BE-1 Concepts Holdings, LLC had been negligent and that their negligence had caused harm to Karim Elkasimi. The jury did not find negligence on the part of Swetman Building, LLLP or Karim Elkasimi, and it found that Elkasimi had not been impaired by alcohol at the time at issue.
The jury assigned 100% of the fault to SOHO WP, LLC d/b/a Boca Kitchen Bar & Market and BE-1 Concepts Holdings, LLC, and 0% to Swetman Building, LLLP and 0% to Karim Elkasimi.
Damages Awarded
The jury awarded $1,006,767.00 for lost earnings and loss of future earning capacity. It also awarded $5,245,088.08 for medical expenses, split between $1,734,619.08 for past medical expenses and $3,510,469.00 for future medical expenses.
For pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and loss of enjoyment of life, the jury awarded $529,000,000.00, with $166,000,000.00 for past harm and $363,000,000.00 for future harm.
Denise Tjon Ket Tjong’s Claim
The jury also awarded Denise Tjon Ket Tjong damages for loss of her husband’s comfort, society, and attention, as well as his services. It set those amounts at $82,125,000.00 and $27,375,000.00, respectively.
Verdict Date
The foreperson signed the verdict on March 12, 2026.
