Mary Ann Restifo v. Giant Eagle Inc.,

Cuyahoga Common Pleas Court Case No. CV-15-841679 (Judge Nancy Margaret Russo). Plaintiff Mary Restifo was a business invitee on the premises of the Biddulph Road Giant Eagle on or about Feb. 14, 2014. While walking through the floral department, Ms. Restifo fell to the ground. At deposition, plaintiff claimed she slipped on water that had “leaked” from a display of flowers. Video of the incident captured the plaintiff’s fall, and a Giant Eagle employee using a papertowel to wipe up a substance on the floor. However, the video also made clear the plaintiff fell several feet away from the area of the cleanup. Plaintiff sought medical care and treatment after the accident, eventually undergoing surgery for a right sided rotator cuff tear. Plaintiff submitted medical “specials” of $56,083.08 subject to write-offs of $37,044.58 – leaving an amount accepted for payment of $19,038.80. The jury returned a verdict in favor of defendant, finding the plaintiff had failed to establish negligence on the part of Giant Eagle had contributed to her fall. (Nov. 4, 2015)