$______ VERDICT - CONSTRUCTION SITE NEGLIGENCE - WALL AROUND CONSTRUCTION SITE COLLAPSES ON 14-YEAR-OLD PLAINTIFF PEDESTRIAN ON SIDEWALK - PROXIMAL TIBIAL PLATEAU FRACTURE/CRUSH INJURY WITH COMPARTMENT SYNDROME - MULTIPLE SURGERIES REQUIRING SKIN GRAFTS - PERMANENT INJURY WITH RECOMMENDATION FOR 3-4 KNEE REPLACEMENTS OVER PLAINTIFF'S LIFETIME - DEFENDANTS DENY NEGLIGENCE AND EACH CONTEND OTHER RESPONSIBLE.

• Pages: 6-8

The plaintiff alleged that the defendant hospital failed

to develop a detailed plan of care for the manage-

ment of the plaintiff mother and failed to timely con-

sult a physician, thereby allowing the medical crisis to

develop. The defendant maintained that the stan-

dard of care was met in all respects. The defense ar-

gued that the plaintiff mother suffered from uterine

atony following the birth, characterized by continued

hemorrhaging form the uterus. According to the de-

fense, the hospital nurses administered appropriate

medication and, when the bleeding could not be

stopped, timely called a qualified physician.

The defendant argued that uterine atony often ne-

cessitates performance of a hysterectomy and that

the surgery was timely performed to save the plain-

tiff’s life. The defendant also claimed that the plaintiff

stated, prior to the procedure, that she did not desire

to have additional children.

The jury found the defendant negligent and awarded

the plaintiffs $1,000,000 in damages. The award in-

cluded $900,000 to the plaintiff wife and $100,000 to

the plaintiff husband.

REFERENCE

Faria, et al vs. West Boca Medical Center, Inc. d/b/a

West Boca Medical Center. Case no. 502020-

CA008472XXXXMB; Judge James Nutt, 09-23-22.

Attorney for plaintiff: Robert J. Dickman Jr. of

Dickman, Epelbaum & Dickman in Palm Beach

Gardens, FL. Attorney for plaintiff: Julie Littky-Rubin

of Clark, Fountain, et al. in Palm Beach Gardens, FL.

COMMENTARY

This hard-fought medical malpractice trial was challenging for

plaintiff’s counsel on both liability and damages. The defendant

hospital maintained that its nurses took appropriate action to re-

solve the plaintiff’s postpartum bleeding and timely called a physi-

cian who performed a life-saving hysterectomy; however, the

plaintiff’s success hinged on establishing a delay in treating the

plaintiff’s condition and negligence in allowing the medical

emergency to develop.

On damages, the jury rejected the defense contention that the

plaintiff did not desire additional children and, thus, returned a

significant damage award of $1,000,000.

$20,000,000 VERDICT – CONSTRUCTION SITE NEGLIGENCE – WALL AROUND

CONSTRUCTION SITE COLLAPSES ON 14-YEAR-OLD PLAINTIFF PEDESTRIAN ON

SIDEWALK – PROXIMAL TIBIAL PLATEAU FRACTURE/CRUSH INJURY WITH

COMPARTMENT SYNDROME – MULTIPLE SURGERIES REQUIRING SKIN GRAFTS –

PERMANENT INJURY WITH RECOMMENDATION FOR 3-4 KNEE REPLACEMENTS OVER

PLAINTIFF’S LIFETIME – DEFENDANTS DENY NEGLIGENCE AND EACH CONTEND

OTHER RESPONSIBLE.

Miami-Dade County, FL

In this personal injury action brought by the

plaintiff, he claimed that the defendants were

negligent in failing to maintain a safe construction

site. As a result, the minor plaintiff sustained

serious, permanent injuries. The plaintiff brought

suit against the construction project manager, the

construction company, the general contractor, the

lessees of the property and the city that owned the

property. Summary judgment was entered in

favor of the defendant construction project

manager, and the plaintiff settled his claims

against the defendant lessees and the defendant

city. The case proceeded to trial solely against the

defendant construction company and the

defendant general contractor.

On October 8, 2015, the minor plaintiff, a then-14-

year-old boy, was walking home from school with

friends. Just prior to the incident, they were walking on

a sidewalk that ran parallel to a cement wall that en-

closed a parking lot which was under construction.

The three stopped under a tree which was next to the

sidewalk to talk. Out of nowhere, the plaintiff and his 2

friends heard something and saw the wall begin to

fall. The plaintiff’s friends were able to safely make it

to the other side of the street; however, the wall col-

lapsed on the plaintiff’s left leg, causing significant

injuries

The wall fell when it was struck by a 3,000-pound

trailer being moved by a 14,000-pound backhoe op-

erated by the principal and owner of the defendant

construction company. The plaintiff asserted that the

defendants failed to use reasonable care in the op-

eration of equipment and machinery at the construc-

tion site; failed to supervise the day-to-day

construction to determine whether any hazardous

conditions existed on the site; failed to assess the in-

tegrity of the wall to ensure the public’s safety; failed

to conduct a thorough inspection of the wall, to en-

sure that it was safe; failed to assess the damage or

strain of the wall structure surrounding the perimeter

of the construction site; and failed to reasonably

maintain the wall and its surrounding area to ensure

the public’s safety.

As a result of the collapse of the wall onto the plain-

tiff, he sustained proximal a tibial plateau fracture/

crush injury with compartment syndrome. The plaintiff

underwent emergency fasciotomies; multiple subse-

quent surgeries with skin grafts and has extensive, per-

manent scarring. The plaintiff claimed ongoing pain,

permanent restricted movement, and instability in the

left knee due to a valgus deformity. The plaintiff’s

treating physician testified that the plaintiff would

6 SUMMARIES WITH TRIAL ANALYSIS

Volume 38, Issue 2, February 2023 Subscribe Now