A Broward County jury handed down a $28 million verdict against Publix Super Markets on Wednesday, finding the grocery chain liable for a slip-and-fall accident that left a 44-year-old woman with a permanent traumatic brain injury.
The plaintiff, Marisol Hernandez of Pembroke Pines, fell in the produce section of a Sunrise Publix in November 2024. Security footage shown at trial revealed the floor had been wet for over 20 minutes before the fall, yet no wet floor signs had been placed and no employee had mopped the area.
The Injury
Hernandez struck the back of her head on a metal display shelf as she fell. Emergency responders transported her to Broward Health Medical Center, where doctors diagnosed a severe subdural hematoma. She underwent emergency surgery and spent 11 days in the ICU.
Two years post-injury, Hernandez suffers from chronic migraines, short-term memory loss, and is unable to return to her work as a registered nurse.
The Trial
The trial lasted nine days. Plaintiffs’ attorneys focused heavily on Publix’s internal “wet floor protocol,” which requires inspections every 15 minutes in high-traffic produce areas. Store surveillance logs showed no inspection had been logged in the 47 minutes preceding the accident.
Publix argued that Hernandez had been wearing inappropriate footwear — flip-flops — and bore comparative fault for the accident. The jury rejected that argument, assigning 100% liability to Publix.
The Breakdown
The $28 million award includes $8 million in past medical expenses, $12 million in future medical care and lost earnings, and $8 million in pain and suffering.
Publix said it “respects the jury system” but is evaluating options for post-trial motions and appeal.