Trial Experience
Bush Leasing, Inc. v. Gallo, 634 So 2d. 737 (Fla. 1st D.C.A. 1994); 92 FJVR 9-3; 1992 WL 737545 (FJVR). Plaintiff, Gallo, was badly injured when he turned left into the Defendant's path. We proved that the Defendant was speeding,weaving, and impaired by alcohol. Despite the fact that Dr. Gallo was earning more at the time of the trial than he had prior to his injury, we were able to establish a significant loss of earning capacity due to impairment of higher cognitive functions and short term memory. Verdict: $1 million
Waterman v. Georgia Pacific, et al, 98 FJVR 3-1; 1998 WL 206222 (FJVR). Plaintiff, Waterman, was injured in a nighttime collision which occurred when she crashed into a logging truck which was completely blocking a high speed rural highway. We established that the logging road was negligently designed such that the logging truck was unable to complete its turn onto the highway without getting stuck. We also established that the small red and amber lights on the side of the trailer were insufficient to alert Ms. Waterman to the presence of the trailer until it was too late. Ms. Waterman, who was a nurse, suffered a severe fracture of her right knee which required a total knee replacement, and ankle fractures. She was rendered disable from performing anything other than sedentary work. Settled, total recovery $1.1 million.
Seaboard System Railroad, Inc. v. Mells, 528 So 2d. 934 (Fla. 1st D.C.A. 1990). Plaintiff, Mells, was struck and run over by a train, resulting in the amputation of his right arm. We proved that the train, which was being operated at only 10 to 11 mph, could be stopped in only 130 feet. We proved that the egineer first saw Mr. Mells at approximately 300 feet and that Mr. Mells was unresponsive even after several blasts from the train's horn. The court held that the railroad had a duty to stop for the helpless Mr. Mells, rejecting the railroad's contention that, as a trespasser, Mr. Mells was owed no duty of care (except to sound the horn) and was responsibile for his own safety. Verdict: $500,000.00 reduced to $200,000.00 due to comparative negligence.
University of Florida v. Massie, 602 So 2d. 516 (Fla. 1992); 570 So 2d. 963 (Fla. 1st D.C.A. 1990);463 So 2d. 383 (Fla. 1st D.C.A. 1985). Claimant, Massie, was ultimately denied workers' comp. benefits which he sought for disability resulting from multiple sclerosis exacerbated by on the job stress. The case was litigated for over ten years and involved two appeals to the district court and a final appeal to the supreme court. Although Mr. Massie initially prevailed at the district court, in a 4-3 opinion, the supreme court held that exacerbation of multipe sclerosis by job stress was not compensable. We were successful in obtaining in-the-line-of-duty disability benefits and V.A. benefits for Mr. Massie.
Compton v. Abba Construction, Inc., 94 FJVR 9-39; 1994 WL 865264 (FJVR). Plaintiff's decedents were killed when the driver pulled past a stop sign into the path of a work van. We established that the van was speeding and that the car driver may have had difficulty seeing the van because the color of the van was similiar to that of the pavement, visibility was also hampered by shadows cast by tall trees. The case was settled shortly before trial.
Merricks v. CSX Transportation, Inc., 93 FJVR 4-41; 1993 WL 807010 (FJVR). Plaintiff's decedent was killed when he was run over by a train in downtown Lake City, at night. We proved that the pedestrian/train accident rate for the one mile section of tracks in downtown Lake City was 60 times higher than for the average mile of tracks in the CSX system. We also established that Defendant's train expert used improper data in calculating his stopping distances, and that only a slight reduction in speed (or street lights) would permit a diligent engineer to stop for a pedestrian. CSX settled just before trial.