Man Injured At Lowe's Home and Garden Center $600K - Forklift Accident

On November 16, 2001, the Plaintiff was a customer at the Lowe's Home and Garden Center in West Melbourne, FL. At that time he was standing in the check out line when a store employee driving a forklift ran into him from behind. The Plaintiff suffered a variety of orthopedic injuries in particular a low back injury which resulted in severe stenosis of his lumbar spine. He became a candidate for major reconstructive surgery which thus far has not become necessary.

The Plaintiff was represented by Attorney Jack Hamilton and his case was resolved amicably at a mediation conference which occurred in September of 2004.

Premise Liability/Slip & Fall

Trip and Fall in Condominium Complex $600K - Trip and Fall

On August 7, 1997, our client, a 62-year-old medical transcriptionist, went to a friend's condominium complex for a visit. On prior visits to her friend's apartment, she had always entered and exited via the back sliding glass doors to this first floor apartment. However, when she finished eating dinner on this particular occasion, it began to rain. This required her to depart through the front door and into an enclosed interior hallway.

As she exited the front door, she stepped onto a small, carpeted threshold that intersected the common hallway. The carpet was identical to the carpet that adorned the hallway, and could only be described as a geometric, somewhat psychedelic pattern that created the optical effect that the threshold and the hallway were on the same level. As she entered the hallway, she failed to appreciate the seven-inch step from the threshold down to the hallway and as a result she tripped and fell.

Back in January of 1993, our client was involved in an automobile accident wherein she injured her neck and ultimately a cervical fusion was performed on her in 1996. She had a fairly good recovery from that procedure without any significant disability.

After she fell in the condominium in 1997, she was initially treated for a suspected fractured kneecap and strained ligaments in her ankles. However, three months later, she began treating with her neurologist who had followed her for the prior 1993 automobile accident and he focused on her low back pain and increasing numbness and parenthesis in her right leg and calf. Due to the relentless nature of her radiating pain, she was referred to a neurosurgeon. After a lengthy series of failed back procedures occurring on November 24, 1997, December 12, 1997, and finally on February 6, 1998, she had an instrumented spinal fusion.

Owing to the rapid nature of the degenerative changes in her back since these three procedures, a couple of her treating surgeons have indicated that she needs to fuse her entire low back. That opinion was disputed by the Defense's expert and, understandably, our client was reluctant to go through such a major procedure in light of her surgical history

Jamie Nance and Sam Cacciatore were able to obtain a settlement in February of 2003 for $600,000.00 for this worthy client.

Condominium Owner Severely Injured in Elevator $425K - Elevator Malfunction

The Plaintiff who was an owner of a condominium unit at Oceanwalk Beach Condominium in Indian Harbour Beach sustained serious and debilitating permanent injuries to his cervical and lumbar spine when the elevator within his condominium building malfunctioned. After entering the elevator on the 4th Floor, it descended very rapidly giving the plaintiff the feeling of "free falling" and without warning came to a very violent and sudden stop between the first and second floors. The force of the elevator's motion and sudden stop, knocked the Plaintiff to the floor and resulted in the immediate onset of pain.

As a result of this elevator fall, the Plaintiff sustained multiple injuries including a herniated disc in his low back and several bulging discs in his neck. The injured Plaintiff ultimately required spinal surgeries on his neck and back.

In 1999, Charles G. Barger, Jr., settled this case just before trial for $425,000.00 on behalf of his client.

Plaintiff Trips and falls over cord. $200K - Trip and Fall

On the date of the incident, the Plaintiff entered Brevard Job Link to conduct some business. Upon arrival, she was directed to take a seat and await the calling of her name. Unbeknownst to the Plaintiff, there was an electrical cord loosely draped across the carpeted floor and looped around the front of the chair she chose to sit in. The cord was largely camouflaged by the carpeted floor and was not apparent to Plaintiff as she waited for her name to be called.

When Plaintiff was finally summoned to conduct her business, she simply stood up and took a step or two forward when her shoe caught the cord, causing her to fall to the floor.

After a visit to the emergency room, the Plaintiff saw a local orthopedic surgeon. His diagnostic studies revealed a severely protruding disk at L2-3 and surgery was recommended. She underwent back surgery on April 1, 2002. Her surgeon then forecasted the need for additional chronic pain management, physical therapy and rehabilitation. Consideration was also given to a series of epidural steroid injections.

Jamie Nance settled this case on January 5, 2004 for $200,000.00.