A local supermarket chain is facing a lawsuit after a customer allegedly slipped and fell on their premises, resulting in severe injuries. On September 15, 2024, Valary Whyms filed a complaint against Presidente Supermarkets, Inc. in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida.
According to the court documents, the incident occurred on August 1, 2021, at the Presidente Supermarket located at 1225 W. 45th St., Suite 300, Magonia Park, Palm Beach County. Whyms claims she was an invitee on the premises when she encountered a hazardous condition—a liquid spill on the floor—that caused her to slip and fall. The plaintiff asserts that Presidente Supermarkets had a duty to maintain a safe environment and warn customers of any known dangers but failed to do so.
The complaint outlines several key allegations against Presidente Supermarkets. It states that the defendant either created or was aware of the dangerous condition or that it had existed long enough for them to have known about it. Additionally, it argues that such conditions occurred with regularity, making them reasonably foreseeable. "Defendant negligently operated or maintained the premises by causing or allowing an unreasonably dangerous condition to exist," reads one part of the filing.
As a direct result of this negligence, Whyms alleges she suffered multiple injuries including bodily harm, pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, medical expenses for hospitalization and nursing care, loss of earnings and earning capacity, and aggravation of pre-existing conditions. The plaintiff contends these losses are either permanent or ongoing and will continue to affect her in the future.
Whyms is seeking judgment for damages against Presidente Supermarkets along with costs associated with bringing the lawsuit. She has also demanded a trial by jury for all triable issues as a matter of right.
Representing Valary Whyms are attorneys Elissa Fitzmartin and Aaron Warner from Warner & Fitzmartin PLLC. The Case Number is: 502024CA008782XXXAMB Div: AN.