Tampa Partner Howard Scholl and Associate Brandon Tyler recently obtained a great trial result in a premises case with disputed liability and damages
Our firm was retained to represent a landlord against claims by his tenant after stepping on a 3.5-inch roofing nail. The Plaintiff’s wound got severely infected, necessitating an emergency surgery. Plaintiff would later undergo multiple injections in his foot and this past February, he underwent a second procedure to clear out scar tissue and sever the planter fasciitis tendon in his right foot. Our insured had replaced the roof and the roofer left facia boards with nails strewn about the property for up to 2.5 months, which was shown in photographs which also suggested the property was not very well maintained.
At close, Plaintiff’s counsel suggested our insured was fully at fault and requested a verdict ranging up to $1.1M. On rebuttal, Plaintiff argued if fault was to be apportioned, 90% should be placed on the Defendant. The defense took the position the Plaintiff was fully at fault or, in the alternative, that Plaintiff was 75% at fault, and suggested total damages just above $100,000. After deliberating just under 2 hours, the jury returned a gross verdict of $140,000, and apportioned fault 50/50.
Our insured has already written letters of thanks to CSK and the carrier (American Integrity), and though we just missed hitting our PFS, the carrier is still thrilled. Extra thanks to Christine Jurski, Karen Connerny & Heather Akridge for all their hard work!
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