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Verdict: $165,000
Injury: aggravation of lumbar disc disease |
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Fla.Cir. 98 FJVR 12-3, 1998 WL 956745 (FJVR) END OF DOCUMENT 1998 WL 956747 (FJVR) Copyright (C) 2003 by Florida Legal Periodicals, Inc. TITLE: ROBERT XXXXX vs. NEBULA, INC. vs. GILLILAND INSURANCE AGENCY, INC., d/b/a JOY GILLILAND AGENCY DOCKET-NUMBER: 93-07085-CA F VENUE: Court: Florida Circuit Courts COUNTY: Brevard STATE: Florida YEAR: March 25, 1998 (Verdict/Settlement Date)
TOPIC: Premises Liability/Restaurant/Collapsed Chair.
SUMMARY: Nature of Injury: Plaintiff alleged a herniated disc at L5-S1 and, two years after the accident, underwent a back fusion. Plaintiff had a long history of back problems and treatment in his lumbar area; even his treating physicians conceded that a significant percentage of his back problem was pre-existing and that he might have ended up having a fusion even without the chair incident. According to Plaintiff, however, Plaintiff had not had any treatment for the three to four years prior to the accident. Plaintiff testified that he was free of back of complaints for a four year period prior to the accident. Defendant vigorously contested causation.
Verdict: $165,000 for Plaintiff on March 25, 1998
$27,000 - past medical expenses;
$3,000 - future medical expenses;
$20,000 - past lost earnings;
$15,000 - future lost earning capacity;
$100,000 - past and future pain and suffering.
Judgment: $171,500 for Plaintiff on April 23, 1998 (includes costs and interest).
Plaintiff Information: Age: 44 Sex: M Occupation: Night Club Manager
RANGE AMOUNT: $100,000-$199,999
ATTORNEY(S):
Plaintiff's: > David J. Gorewitz, Melbourne and Susan Felker Little, Melbourne
Defendant's: > XXXXXXXX of Lau, Lane, et al.,
Port Canaveral JUDGE: > Frank R. Pound
EXPERT-WITNESSES: Plaintiff's:
Rand L. Schleusener, M.D., Orthopedic Surgery, Univ. of Utah School of Medicine, Salt Lake City, UT >
Donald Vliegenthart, M.D., Orthopedic Surgery, Melbourne >
William Hoeffner, Vocational Rehabilitation, Ft. Pierce
Defendant's: > Duane Seig, M.D., Orthopedic Surgery, Melbourne
TEXT: Cause of Injury: Defendant Nebula owned and operated a restaurant/bar known as "The Cove" in Brevard County. On April 4, 1993, while Plaintiff was dining in Defendant's premises and sitting in a chair, the chair collapsed under his weight, causing his injuries. NOTES: Editor's Note: Plaintiff demanded $157,500.
Plaintiff attorney's comments: The jurors advised Plaintiff's counsel after the verdict that they believed Plaintiff would have had the surgery sooner or later regardless of the accident, but that the chair collapsing incident was the precipitating cause of the need for surgery.
Fla.Cir. 98 FJVR 12-5, 1998 WL 956747 (FJVR) END OF DOCUMENT |
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