40 Year Old House Painter Falls Off Scaffolding– Forty year old client was one of several subcontractors working on a private home construction in Vero Beach. He was a painter and was preparing to paint the second story of the house when he leaned on a safety rail that had been installed by the general contractor. The safety rail was constructed with two-by-fours. The safety rail was nailed with 12 penny and 16 penny nails which were insufficient to hold the scaffolding. The client fell receiving a right tibia fracture with commutation and significant displacement of the lateral half of the distal tibia. There were other fractures, as well. The client underwent six surgeries.
In an interesting legal issue, the general contractor asserted workers’ compensation immunity. If successful with that defense, it would mean that they owed nothing to our client.
Discovery showed that the using of these types of nails was so improper that it amounted to willful and wonton conduct. With the help of an appellate attorney, we were able to establish that the conduct was willful and wonton, so as to not have the workers’ compensation immunity doctrine apply. Once that was accomplished, the insurance company had no alternative but to pay the full value of the claim and it settled for $700,000.00
$4.09 Million Jury Verdict
Tractor Trailer Crashes into a Motor Vehicle Driven by a 42 Year Old Woman – Plaintiff in this case was stopped at a red traffic light, when a tractor trailer crashed into the side of her vehicle. As a result of this collision the forty two year-old woman suffered three herniated disks. The plaintiff underwent surgery involving a lumbar diskectomy and fusion with anterior cage dowel composite implantation at the L4-L5 and L5-S1 spinal levels. Six days after this surgery, the Plaintiff underwent the second stage of the surgical procedure involving a micro surgical diskectomy bilaterally of the lumbar disk herniations at L3-L4 and a fat graft application of the epidural space to minimize epidural fibrosis. Jury awarded the Plaintiff $3,782,461.10 for her damages and awarded her husband $300,000.00 for his loss of consortium. This is the fourth largest jury verdict in Miami-Dade County, Florida in 2000.
$1.03 Million Settlement
Rental Car Company Pays Family of Girl Who Died in Crash – Ten people pack into a rented van on their way to Disney World. The driver loses control of the vehicle, causing it to flip over and killing a ten year old passenger. The Florida Highway Patrol cited the driver of the vehicle for careless driving. The Rental Car Company paid the family of the deceased minor the sum of $1.03 Million.
$349,374 Jury Verdict
67 Year Old Woman Wins Trial for Damages Sustained as a Result of a Slip and Fall at a Strip Mall – The Plaintiff fell as a result of a dangerous elevation difference between two slabs of the sidewalk. She sustained a fractured hip, a torn rotator cuff and a contusion to her knee. Surgery was performed on her hip in which an internal fixation device of a plate and screws were used to repair the hip. Arthroscopic surgery was performed on the shoulder, but the tear was too large to be fully repaired. She will require continued medical care and possible future surgery to her shoulder and knee. She was left with a 30% impairment as a result of her injuries. The jury awarded the Plaintiff $319,374.00 for her damages. During the Plaintiff’s rehabilitation, her husband of 49 years died of terminal cancer. The jury awarded her husband’s estate the sum of $30,000.00 for his loss of consortium. This is the largest jury verdict in Indian River County, Florida in 2001.
$4 Million Settlement
38 year old Male Is Paralyzed in Crane Accident on the Job – The Claimant was on a job site installing roof trusses. While on a roof truss the Claimant was injured when a crane operator negligently picked up an additional truss with the crane hook, and swung it toward the house without the use of a sling rope or the supervision of a signal man. The truss swung out of control causing the Claimant and truss to fall to the ground. As a result of the fall, the Claimant suffered four fractured vertebrae and was paralyzed from the neck down. Our Workers’ Compensation Department and our Personal Injury Department (along with co-counsel), resolved the complete claim for the total sum of $4,000,000.00.
45 Year Old Man Sustains Injuries on the Job While Falling Down a Flight of Stairs – The Claimant was a forty five year old male who was injured while carrying roof tiles up a thin flight of stairs when his right foot slipped causing him to fall down a flight of stairs. As a result of this accident, the claimant sustained a right shoulder injury consisting of an impingement syndrome with subachromial decompression of the right shoulder, stretch injury axillary nerve as well as a herniation at C5-C6. After receiving the necessary medical treatment, the Claimant was still unable to return to his previous line of employment. The Claimant was placed at maximum medical improvement with a 20% permanent impairment rating to the body as a whole. The Claimant accepted the sum of $123,000.00 as resolution of his claim.