Setting the Scene
On February 19, 2023, Roberto and Rosaura Carranza visited Delicias Latinas, a restaurant located at 20916 South Dixie Highway in Miami. The couple entered the premises as business invitees. Delicias Latinas, Inc., and Haydee Nunez owned and operated the establishment at the time.
What Went Wrong
While walking inside the dining area, Rosaura tripped over a speaker stand. Its leg extended into the walking path. The fall occurred without any visible warning signs or barriers. Plaintiffs alleged the restaurant failed to keep the area safe. They claimed the dangerous condition existed long enough that staff should have corrected it.
Resulting Harm
Rosaura sustained serious injuries from the fall. She experienced physical pain, emotional suffering, and reduced quality of life. Her injuries required medical attention. Roberto also suffered from witnessing the incident and caring for his wife.
The Price They Paid
The plaintiffs cited rising medical bills, ongoing treatment costs, and loss of income. Rosaura’s injuries disrupted daily life and limited her abilities. Roberto faced emotional strain and a loss of companionship. The couple sought compensation for both economic and personal losses.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Roberto Carranza | Rosaura Beatriz Carranza
Counsel for Plaintiffs: Roniel Rodriguez IV | Ralph Azoy
Defendants: Delicias Latinas, Inc. | Haydee Nunez
Allegations
In Count I, plaintiffs accused Delicias Latinas of negligence for allowing a hazardous condition. Count II made the same claim against Haydee Nunez. In Count III, Roberto pursued loss of consortium damages for his wife’s injuries. The lawsuit demanded a jury trial and damages exceeding the court’s minimum threshold.
Motion for Default Judgement
Plaintiffs served both Defendants with process on September 12, 2023, and required a response by October 2, 2023. As of the filing of this motion, neither Defendant filed a response nor requested an extension.
Plaintiffs moved for default judgment under Florida Rule of Civil Procedure 1.500(b), citing Defendants’ failure to plead or otherwise defend. They submitted verified returns of service, confirmed accurate addresses via state records, and provided a non-military affidavit for Defendant Nunez. Plaintiffs requested that the Court enter default judgment against both Defendants, award filing and service costs, and grant any further relief the Court deemed proper.
Jury Verdict
On January 13, 2025, the jury returned a verdict in favor of Plaintiff Rosaura Beatriz Carranza, finding that she sustained a permanent injury from the February 19, 2023 incident. For non-economic damages, covering pain and suffering, disability, disfigurement, mental anguish, and loss of enjoyment of life, they awarded $250,000 for the past and $250,000 for the future. Rosaura’s total damages amounted to $500,000.
The jury found no loss of consortium for Plaintiff Roberto Carranza and awarded him $0 in damages. The total damages awarded to both plaintiffs amounted to $500,000.
