ESTHER LIEBER vs. PUBLIX SUPERMARKETS, INC. Date April 30, 1998. Location Florida Circuit Courts / Dade County, Florida. Topic Falldown/Supermarket.  Nature of injury Torn left medial meniscus which was arthroscopically repaired. Plaintiff's treating physician, testified that Plaintiff sustained a 15% disability to the body as a whole.  An orthopedic surgeon who performed the arthroscopic surgery, testified that Plaintiff sustained a 15% disability to the body as a whole. Both doctors testified that Plaintiff will need a total knee replacement (at an approximate cost of $60,000) since she continues with left knee pain. Another doctor testified that Plaintiff sustained a 6% disability as a result of the meniscectomies performed by the orthopedic surgen. He also stated that Plaintiff did not require a total knee replacement as a result of this accident, because she had a long history of severe arthritis and was a candidate for total knee replacement before this accident. Total medical bills amounted to $45,666. Verdict $245,665.77 for Plaintiff on April 30, 1998 ($45,665.77 - past medical expenses; $60,000- future medical expenses; $40,000 - past pain and suffering; $100,000 - future pain and suffering).     NANCY HORWITZ vs. BURGER KING CORP. Date Oct 19, 1998. Location Florida Circuit Courts / Dade County, Florida. Topic Falldown/Restaurant. Nature of injury Plaintiff’s treating physician testified that Plaintiff sustained an intra- articular fracture to the humerus of her left arm which had some residual due to the mild deformity of the humeral head and neck. The Dr. testified that it was difficult to rate Plaintiff because she was already severely impaired due to her muscular dystrophy that she had prior to the accident, but she sustained a mild (5%) to moderate (20%) impairment in that her aids to daily living were impaired as a result of the accident. Verdict $200,615.60 to Plaintiff on October 19, 1998 ($20,615.60 - medical expenses; $50,000 - past pain and suffering; $130,000 - future pain and suffering). Attorney's Comment The Court permitted a Negligence Per Se jury instruction relative to the violation of the ADA due to the fact that Plaintiff was a handicapped individual and there was a violation of a Federal Statute meant to protect a specific class of persons. An Evidence of Negligence jury instruction was included relative to the violation of the South Florida Building Code and ANSI Standards. Plaintiffs also filed a Count for Injunctive Relief under the ADA. Defendant, two years after suit was filed, repaired the handicapped entrance/exit.     DORMA DAVIS vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. Date Nov 21, 1997. Location Florida Circuit Courts / Dade County,  Florida. Topic Motor Vehicle Accident/Rear-end Collision. Nature of injury Neck sprain and injury as a result of whiplash; small central herniated disc at C5-C6 (revealed by MRI scan).  Plaintiff's complaints at trial were neck and shoulder pain. On doctor assigned Plaintiff an 8% disability rating; another doctor assigned Plaintiff a 9% disability rating. Defense doctors testified that Plaintiff did not sustain a permanent injury. Plaintiff did not require any hospitalization or claim any loss of wages. Verdict $70,000 for Plaintiff on November 21, 1997 ($35,000 medical expenses; $10,000 - past pain and suffering; $25,000 - future pain and suffering).     DENISE SIERRA vs. MICHAEL & PHILLIP, INC., d/b/a WORLD GYM. Date March 9, 1999. Location Florida Circuit Courts/ Broward County, Florida. Topic Premises Liability/Gym/Negligent Supervision. Nature of injury Fractured first metatarsal and medial malleolus on the right foot; chronic costochondral strain of left chest wall.  Plaintiff's treating physician, testified that Plaintiff sustained a 1% permanent impairment to the body as a whole as a result of the costochondritis and a 5-7% permanent impairment to the body as a whole as a result of the fractured first metatarsal and medial malleolus and that future treatment might include a fusion of the metatarsocuneiform joint. Dr. Jacobs testified that Plaintiff sustained no disability as a result of the fractured first metatarsal, that the medial malleolus on the right foot was never fractured, and that the Plaintiff has no functional limitations. Verdict  $103,500 for Plaintiff on March 9, 1999 ($13,500 - past medical expenses; $10,000- future medical expenses; $10,000 - past lost earnings; $25,000 - past pain and suffering; $45,000 - future pain and suffering).     JOSE FRIAS vs. ALLSTATE INDEMNITY CO. Date June 12, 2001. Location Florida Circuit Courts / Dade County, Florida. Topic Motor Vehicle Accident/Running Red Light. Nature of injury Bilateral rotator cuff tears. No surgery was performed, but it was  recommended. Dr. Glatzer testified that there were no tears, and if there were tears, they were not related to this accident. Verdict $136,449.30 for Plaintiff on June 12, 2001 ($19,449.30 - past medical expenses;$50,000 - future medical expenses; $3,000 - past lost earnings; $14,000 - future lost earnings; $20,000 - past pain and suffering; $30,000- future pain and suffering). Attorney's Comment Defendant offered $100; Plaintiff demanded $50,000 (policy limits).     OTTO HOKAMP vs. JOHN MARSHALL. Date Dec 30, 1997. Location Florida Circuit Courts / Dade County, Florida. Topic Motor Vehicle Accident/Bicyclist Struck.  Nature of injury Fractured arm surgery was required; abrasions. Verdict $93,832.72 for Plaintiff on December 30, 1997 ($43,832.72 - past medical expenses; $20,000 - present value of future medical expenses and lost earning ability; $10,000 - past lost earnings; $10,000 - past pain and suffering; $10,000 - future pain and suffering). Attorney's Comment Defendant offered $37,500.     BETTY BURGOS vs. ARBY'S, INC. Date May 23,1996. Location Florida Circuit Courts / Broward County, Florida. Topic Falldown/Restaurant. Nature of injury Internal derangement of the left knee, requiring arthroscopic surgery to repair the medial meniscus. Dr. Chaplin assigned Plaintiff a 8-10% permanent disability rating. Verdict $115,254.17 for Plaintiff on May 23, 1996 ($40,254.17 - past medical expenses and lost earnings; $30,000 - future medical expenses and lost earnings; $10,000 - past pain and suffering; $35,000 - future pain and suffering).     DEBRA STEINHAUER vs. DOROTHY JONAS HODE. Date June 4, 1999. Location Florida Circuit Courts / Broward County, Florida. Topic Motor Vehicle Accident/Rear-end Collision. Nature of injury Herniated disc at C5-C6. Plaintiff did not make a lost wage claim. Verdict $184,557.43 for Plaintiff on June 4, 1999 ($69,557.43 - past medical expenses; $70,000 - future medical expenses; $20,000 - past pain and suffering; $25,000 - future pain and suffering).     MARGARET PETERKIN vs. THE HIGHLANDS AT KENDALE LAKE CONDOMINIUM ASSOCIATION Date January 10, 1995. Location Florida Circuit Courts / Dade County, Florida. Topic Slip/Fall/Condominium. Nature of injury Fracture of the proximal ulnar and radial head - open reduction and compression plate screws; nose fracture; facial fracture of the sinus; closed head fracture with subdural hematoma. Verdict $134,773.27 for Plaintiff on January 10, 1995 ($37,273.27 - past medical expenses; $7,500 - future medical expenses; $10,000 - past pain and suffering; $80,000 - future pain and suffering).     DAVID COHEN, et ux. vs STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. Date January 17, 1996. Location Florida Circuit Courts / Dade County, Florida. Topic Motor Vehicle Accident/Rear-end Collision. Nature of injury Soft tissue neck sprain; bilateral carpal tunnel syndrome. Dr. Perdeck assigned a 5-7% disability rating to the neck. Dr. Lustgarten assigned a partial permanent disability rating of 12 % to the body as a whole (7 % for the right hand and 5% for the left hand). He opined that Plaintiff's carpal tunnel syndrome was the direct result of the accident; he also recommended future surgery. Dr. Scheinberg assigned a zero disability rating. Testimony at trial indicated that, prior to the accident, Plaintiff was earning between $300 and $500 per week. Verdict $52,610.50 for Plaintiff on January 17, 1996.     KIMBERLY RAYNAK vs. HARRY SALE & SYLVIA SALE Date January 9, 1997. Location Florida Circuit Courts / Palm Beach, Florida. Topic Motor Vehicle Accident/Violation of Right- of-Way. Nature of injury Herniated disc at C5-C6; headaches. Dr. Salvati assigned Plaintiff a 0% disability rating. Verdict $30,000 for Plaintiff on January 9, 1997 (future medical expenses).
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