ARTICLE ID 27044
- NEGLIGENT SECURITY AT VOLUSIA COUNTY SEASIDE HOTEL - PLAINTIFF ALLEGEDLY ATTACKED AND THROWN OFF SECOND STORY BALCONY - CLOSED HEAD INJURY WITH COGNITIVE DEFICITS - 19 FRACTURES TO LEGS, FEET, SHOULDER AND KNEES - PERMANENT BLINDNESS IN ONE EYE - FORCED EARLY RETIREMENT.
Volusia County
The male plaintiff was in his early 60s when he claimed he was
attacked and thrown off a balcony at the defendants seaside
hotel. The plaintiff alleged the defendant could have prevented
the assault by providing adequate security. The defendant
maintained the plaintiff fell off the balcony in a state of
intoxication and was not assaulted as he alleged.
The plaintiff testified he was a guest at the defendants
beachside hotel for the "Pepsi ________" auto races on July 5, ________.
The plaintiff testified he returned to his room and went into the
hall to smoke a cigarette at approximately 1:00 A.M.
The plaintiff alleged that one or two perpetrators struck him
from behind in the hallway. The plaintiff testified he turned
around and began fighting and punching at his assailants.
However, the perpetrators picked him up and threw him over a
concrete railing and off a balcony some 10 feet away, according
to the plaintiffs testimony.
The plaintiff fell 15 to 20 feet to the concrete pool deck below
the balcony. He sustained a total of nineteen fractured bones,
including fractures of the legs, feet, shoulder and knees. He
underwent several surgeries, including internal fixation, for his
orthopedic injuries. The plaintiff claimed $________ in medical
expenses.
The plaintiffs neurologist testified the plaintiff also
sustained a closed head injury, trauma to the brain and traumatic
optic neuropathy which caused permanent blindness in one eye. The
plaintiff complained of continued memory loss, loss of
concentration and other cognitive deficits. The plaintiff was a
municipal worker for 25 years prior to the incident. He claimed
he planned to work until age 65, but was forced to retire early
as a result of the injuries sustained in the attack. The
plaintiff claimed economic damages, including a reduction in
pension and loss of benefits, in the amount of $________ to
$________.
The plaintiffs security expert testified that crime grids showed
the hotel to be in a high crime location with reports of similar
attacks in the past. The plaintiffs expert opined the defendant
should have employed a roving security guard, surveillance cameras
and gated access which would have prevented the attack upon the
plaintiff.
The defendant called a toxicologist who testified that the
plaintiff had a blood alcohol level roughly three times the legal
limit or .25 at the time of injury.
The defendants medically qualified biomechanical expert
testified, based on the pattern of the plaintiffs fractures,
that the plaintiff landed on his feet. This meant the plaintiff
went off the balcony feet first and the injury pattern was not
consistent with being thrown off the balcony, according to the
defendants expert. The defense argued the plaintiff could only
have been thrown off the balcony if he were held out under his
arms and dropped.
Evidence also showed that police found $________ to $________ in cash in
the plaintiffs wallet. The plaintiff testified that, in addition
to the money in his wallet, he had $________ cash in his front pocket
which was stolen during the assault.
The defense called police officers who testified that no blood or
other signs of a struggle was found at the scene of the alleged
attack. One of the officers testified that when he found the
plaintiff on the ground, the plaintiff said "I fell." The
plaintiff argued he was in shock and sustained a head injury and,
if he made the statement, he did not realize what he was saying
to the police officer at the time.
The defense additionally argued the plaintiff had given an
inconsistent statement to a security expert to whom he reported
he had gone outside to take pictures and was standing in a
different place. Finally, the defense introduced the plaintiffs
deposition testimony, in which he stated he was not drunk and had
only consumed three to four beers during the 12 hours prior to
the assault.
The jury found the defendant was not negligent. The plaintiff has
filed a posttrial motion for new trial. The defendant filed a
proposal for settlement in the amount of $________ and has filed a
motion for attorney fees and costs.
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