Case Background
A Miami-Dade County jury awarded California resident Cheryl Genovesi $1,503,174.48 in damages after she slipped and fell on greasy liquid outside a Miami Beach hotel in July 2018. The verdict, returned on October 30, 2025, placed full blame on Townhouse Hotel, LLC while clearing another Defendant of any fault.
Cause
Genovesi filed her lawsuit in November 2019 in the Circuit Court of the Eleventh Judicial Circuit, Miami-Dade County, Florida. The case centered on premises liability claims arising from a slip and fall incident on a public sidewalk adjacent to the hotel property at 150 20th Street, Miami Beach, Florida.
Injury
On July 28, 2018, Genovesi walked on the sidewalk directly in front of the Townhouse Hotel as a member of the general public. The hotel maintained a service driveway adjacent to its premises where various trash bins and receptacles sat. Greasy liquid trailed down from these containers onto the public sidewalk and pooled onto the street. Without warning, Genovesi slipped and fell due to the greasy, liquid substance on the ground. She sustained significant permanent bodily injuries affecting her entire body.
Damages Sought
Genovesi sought compensatory damages exceeding the minimum jurisdictional threshold of $15,000. Her claim included compensation for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, hospitalization expenses, medical and nursing care costs, treatment expenses, loss of past earnings, and loss of future earning ability. She also sought incidental and consequential damages, post-judgment interest, costs, and attorney fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Cheryl Genovesi
· Counsel for Plaintiff: Adam D. Santana | Thomas Hasty | Grant Reilly Gillenwater
· Experts for Plaintiff: Aldo Beretta | Gregory Smith | Michael Leong | Brian Ward | Robert Martinez
Defendants: Townhouse Hotel, LLC; Shore Club; Darling Ingredients, Inc.
· Counsel Defendant: Kenneth E. Amos, Jr. | Brandt A. Carlson | Anthony M. True | Lucas Gargaglione | Scott Hayden | Andrew S Atkins | Steven Craig Jones | Tanya I Suarez | Anthony C. Moreland | Karen Brown | Jaime Beth Eagan | John Pendleton Daly
· Experts for Defendants: Michael R. Gombosh
Claims
Genovesi brought a premises liability claim against Townhouse Hotel, LLC. She alleged the hotel negligently created and allowed a hazardous condition to exist on its premises that foreseeably caused her injury. The complaint stated the hotel failed to maintain or adequately maintain the premises to prevent her from encountering the hazardous condition. Genovesi further alleged the hotel failed to inspect or adequately inspect the premises to determine whether the greasy condition constituted a hazard. She claimed the hotel failed to correct a dangerous condition it knew or should have known about and failed to warn her of the dangerous condition that existed for a sufficient length of time. The complaint also alleged the hotel failed to place barriers or otherwise restrict the area where the hazard existed.
Defense
Townhouse Hotel filed a third-party complaint against Darling Ingredients, Inc., a company that provided used cooking oil removal services to the hotel. The hotel sought breach of contract, contractual indemnity, and common law indemnity claims against Darling. The third-party complaint alleged Darling bore responsibility for any alleged oil leak based on a Used Cooking Oil Removal Service Agreement between the parties. Darling denied these allegations and filed a motion to dismiss the breach of contract and contractual indemnity claims. Darling argued it did not control the subject area where Genovesi slipped and therefore owed no duty to her. Darling also contended the service agreement placed the duty to maintain the subject equipment on Townhouse Hotel and made the hotel responsible for any used cooking oil outside the equipment. Darling raised affirmative defenses including comparative negligence, arguing Genovesi contributed to her own accident. Darling claimed Genovesi knew of the alleged dangerous condition and failed to exercise ordinary care for herself. Darling also argued any dangerous condition was open and obvious, for which Genovesi bore a duty to exercise due care.
Jury Verdict
The jury returned its verdict on October 30, 2025, finding Townhouse Hotel, LLC negligent. The jury answered yes to the question of whether negligence on the part of the hotel was a legal cause of loss, injury, or damage to Genovesi as a result of her July 28, 2018 slip and fall. The jury answered no to the question of whether negligence on the part of Shore Club was a legal cause of loss, injury, or damage to Genovesi.
The jury also found Genovesi bore no fault for her injuries. In apportioning fault, the jury assigned 100 percent responsibility to Townhouse Hotel, LLC, zero percent to Cheryl Genovesi, and zero percent to Shore Club.
The jury awarded Genovesi a total of $1,503,174.48 in damages. For past hospitalization, medical, nursing care, and treatment expenses, the jury awarded $200,570.48. For future hospitalization, medical, nursing care, and treatment expenses, the jury awarded $152,604. For past pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life, the jury awarded $500,000. For future pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life, the jury awarded $650,000.
The verdict form noted that the Court would make an appropriate reduction in the damages awarded if the jury found Genovesi negligent or at fault. Because the jury assigned zero percent fault to Genovesi, no reduction applied to the total award. Jury foreperson Michele Linate signed the verdict form on the 30th day of October 2025.
Court Documents
