Williams v. Orlando Health, Inc.
Congratulations Juan Ruiz and Jeremy Palma for obtaining a defense verdict for Orlando Health in a case arising out of a slip and fall at a women’s bathroom at Dr. Phillips Hospital.
Plaintiff claimed that she suffered herniated discs and a torn rotator cuff. In her deposition, Plaintiff claimed that a janitor approached her and told her that there had been an ongoing problem with the toilets and water spraying onto the floor of the bathroom. Plaintiff was unable to say there was water on the floor at her deposition. A month after her deposition she prepared an errata sheet where she changed her testimony to add the presence of water, thereby precluding a summary judgment. Plaintiff incurred $600,000 in past medical expenses, $500,000 in future medical expenses, and $500,000 in pain and suffering.
The jury deliberated for 58 minutes before returning a defense verdict.
Verdict Date: September 23, 2016
Edenfield v. Seminole County Board of County Commissioners
Congratulations Bowie Kuhn for obtaining a defense verdict in the Edenfield matter.
The case involved an incident wherein plaintiff rode his bike into a collapsed sidewalk. Mr. Edenfield alleged injuries to his mid and low back, right foot and right wrist and that the County was negligent in failing to maintain the sidewalk and warn of the danger. The County’s position was that the collapse occurred just a few hours before the incident based upon the testimony of a witness. Plaintiff asked the jury to award approximately $150,000.
The jury was out 1 hour and 40 minutes before returning a defense verdict.
Verdict Date: September 21, 2016
Rojas v. MacMorris
Congratulations Dean Hewitt and Jeremy Palma for obtaining a favorable verdict for Edna and John MacMorris in the Rojas trial which arose out of a rear-end motor vehicle accident.
The accident involved two vehicles. Ms. Rojas was slowing down her vehicle for a red light when the rear-end impact occurred. Ms. MacMorris failed to bring her vehicle to a stop behind the Rojas vehicle causing significant. The defense admitted negligence prior to trial. Plaintiff claimed to have sustained herniations at C5-6 and L5-S1 which necessitated surgery. A lumbar discectomy was performed. A cervical rhizotomy was later performed as well as a lumbar fusion. In closing, plaintiff requested a total of $2,119,270.69 for past and future medical expenses, wages, and pain and suffering.
The jury deliberated 2 hours and 59 minutes before returning a verdict awarding $6,746.70. That was the exact amount the defense requested the jury award for temporary soft tissue injuries that should have resolved within 6 to 12 weeks.
Verdict Date: September 02, 2016
TRUONG v. Waste Services of Florida, Inc. & William Bocker
Congratulations Dick Womble and Juan Ruiz who obtained a defense verdict for Waste Services and William Bocker. The case arose out of an accident involving a truck and a bicycle.
The accident occurred when William Bocker was driving a garbage truck for Waste Services eastbound in the right lane. He stopped at a stop light behind two other vehicles. Immediately to his right was a paved shoulder 6 feet wide which ended 15 feet before the intersection leaving an 18 inch wide gutter between the curb and the white fog line. Mr. Bocker was using the right turn signal and checked his side mirrors. He did not see Mr. Truong who was riding his bicycle east on the shoulder. As the light turned green, plaintiff rode his bike down the side of the truck. When Mr. Truong reached the end of the shoulder, he did not yield. As Mr. Bocker continued his right turn, Mr. Truong was dragged under the right rear wheels of the truck. Mr. Truong sustained multiple injuries to his neck, legs, hips, and fingers and endured 20 surgeries and 150 days of hospitalization. Plaintiff requested a jury award in excess of $15,000,000 for past and future medical expenses, earnings, and pain and suffering. Plaintiff argued he was entitled to an adverse inference jury instruction based on its claim that Waste Services destroyed the drive cam video. Defense proved that there was not a triggering event as there was not enough force to engage the drive cam and Plaintiff’s request was denied.
The jury deliberated for 1 hour, 25 minutes before returning a verdict in favor of the defendants.
Verdict Date: August 03, 2016