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ARTICLE ID 194996

$________ Country Club Negligence – President of country club asks plaintiff contractor to remove heavy manhole cover without tools – Contractor injures himself while removing cover – Groin injury – Abscess – Blood infection – 85% comparative negligence found

Hillsborough County, FL

The plaintiff was a contractor hired by the defendant golf/country club to make repairs to the defendant’s parking lot in July of ________. The plaintiff alleged that the defendant’s president negligently asked him to remove a heavy manhole cover without proper tools or equipment, resulting in the plaintiff being injured by the cover. The defendant argued that the plaintiff caused his own injury.

The plaintiff’s job was to patch, re-coat, and paint the parking stripes in the defendant’s asphalt parking lot. He testified that he had almost completed the job, when the defendant’s president asked him to lift a manhole cover and inspect the sewer pipe for leaks.The plaintiff testified that he lifted the manhole cover and was placing it to one side, when the defendant’s president instructed him to put it on the other side to avoid damaging the fresh paint. As the plaintiff was moving the cover to the opposite side, he claimed his foot slipped and dropped into the manhole. The cover, weighing approximately ________ pounds, fell and struck the plaintiff in the groin.

The plaintiff developed an abscess and blood infection, and was hospitalized for 40 days. He claimed continuing groin pain limiting his physical activities, as well as sexual impotence, as a result of the injury. The plaintiff was a 36-year-old single man at the time of injury.

The defense denied negligence, and maintained that the plaintiff had no objective evidence to support his claimed continuing injuries.The jury found the defendant 15% negligent, and the plaintiff 85% comparatively negligent. The plaintiff was awarded $________ in damages, reduced accordingly. The award included $________ in past medical expenses and $________ in past pain and suffering. The jury declined to award future damages to the plaintiff.

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