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Verdict range $100,000 - $500,000
ARTICLE ID 10760
$________ GROSS Fall down air shaft at shopping mall - L1 compression fracture - calcaneus fracture - loss of hip strength.
Dade
The male plaintiff, age 32 at the time, alleged that the
defendant corporate owners of a shopping mall negligently failed
to secure a dark room containing an open air shaft, resulting in
the plaintiff falling eight and one half feet into the shaft and
sustaining L-1 and calcaneus fractures.
The plaintiff, who at the time of the accident was a tenant of
the defendant mall, testified that he was setting up his
newsstand, which was to be opened the following Monday, when the
electricity went out. The plaintiff requested the assistance of a
mall employee to reinstate the power. The employee, who worked at
the mall as a landscaper, led the plaintiff to an electrical
control room located in the basement of the mall. The gate and
door to the electrical room were unlocked and without warning
signs, according to the plaintiffs testimony. The plaintiff
entered the room, which had a three-foot wide floor, turned left
and fell eight and one half feet down into an open air shaft.
The plaintiffs building code expert testified that the absence of
railings, warnings signs or security for the air shaft violated
applicable Florida building codes and OSHA standards. The
plaintiffs orthopedic surgeon testified that the plaintiff
sustained a "Grade 1" compression fracture at L-1. The plaintiff
additionally suffered a calcaneus fracture in the fall, with a
resulting 28% permanent disability of the body as a whole. The
plaintiffs neurologist testified that the plaintiff additionally
suffered a minimal loss of muscle strength in his hip as a result
of the injuries. His rehabilitation specialist indicated that
future medical treatment would be needed. The plaintiffs expert
economist testified that the plaintiff lost $________ in past wages
caused by the delay of opening his business. The plaintiff
claimed that he would not be able to run the business without the
assistance of a $5-6 per hour employee for the remainder of his
worklife.
The defendant contended that the plaintiff was overwhelmingly
comparatively negligent in failing to consult mall maintenance
personnel and in failing to obtain a flashlight before entering
the dark room to search for electrical circuits. The landscaper for
the defendant mall testified that he knew he had no authority to
make repairs, but was trying to help the plaintiff. The
defendants orthopedic surgeon testified that the plaintiffs
injuries constituted an 8% disability of the whole person. The
jury found the defendant 75% negligent and the plaintiff 25%
comparatively negligent. The gross award of $________ was molded
in accordance with the jurys apportionment of liability.
5 ways to win with JVRA
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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