DEFENDANT'S VERDICT - PREMISES LIABILITY - FALLING OBJECT - FAULTY 240- POUND WATER HEATER FELL THROUGH CEILING ONTO PLAINTIFF - CERVICAL DISC HERNIATIONS AT C4-5 AND C6-7 - LUMBAR DISC HERNIATION AT L3-4; RIGHT WRIST TENDON INJURY; RIGHT SHOULDER INJURY - MULTIPLE SURGERIES INCLUDING 2 NECK SURGERIES WITH HARDWARE AND FUSION - SHOULDER SURGERY - 2 BACK SURGERIES WITH HARDWARE AND FUSION.

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The plaintiff opposed the defendants’ motion arguing that there

was, contrary to the defendants’ claim, significant evidence of a de-

fect in the ice machine and the defendants’ knowledge of the de-

fect. Witness testimony indicated that the ice machine was not

installed over a drain, as is the standard, which required that ex-

cess water be drained into aluminum food trays and then pumped

to a nearby drain, but that the pump would, from time to time, get

hung up, causing the water to overflow from the food trays. The

jury saw photos, as well as video, of the ice machine depicting the

cobbled-together food tray pump system. The jury also saw a num-

ber of invoices from the repair company, predating the incident,

which specified the ongoing problem with the pump. The plaintiff

argued that there was clearly ample evidence to demonstrate that

the defendants had knowledge of a dangerous condition and that

the condition did cause the plaintiff to fall.

With regard to future medicals, the plaintiff presented the testi-

mony of a podiatric surgeon who testified that the plaintiff was

reasonably certain to require future medical treatment. The defen-

dants did not present any evidence by way of a medical expert to

dispute the plaintiff’s expert. Thus, the greater weight of the evi-

dence favored the plaintiff as to medical causation and future

medicals. The plaintiff maintained that the defendants failed to ar-

gue how the verdict was induced by passion or prejudice or how it

was against the manifest weight of the evidence. Instead, they of-

fered examples from other cases without providing any further

facts which demonstrate that the cases were analogous. Thus, the

plaintiff argued that the defendants’ motions for new trial or

remittitur should be denied.

The defendants’ motions are set for hearing.

DEFENDANT’S VERDICT – PREMISES LIABILITY – FALLING OBJECT – FAULTY 240-

POUND WATER HEATER FELL THROUGH CEILING ONTO PLAINTIFF – CERVICAL DISC

HERNIATIONS AT C4-5 AND C6-7 – LUMBAR DISC HERNIATION AT L3-4; RIGHT

WRIST TENDON INJURY; RIGHT SHOULDER INJURY – MULTIPLE SURGERIES

INCLUDING 2 NECK SURGERIES WITH HARDWARE AND FUSION – SHOULDER

SURGERY – 2 BACK SURGERIES WITH HARDWARE AND FUSION.

Miami-Dade County, FL

In this premises liability case, the plaintiff asserted

that the defendant property owner allowed a

hazardous condition to exist on the property

where the plaintiff worked that caused the

plaintiff significant, permanent injury.

On February 4, 2012, the plaintiff was investigating a

leak from the ceiling of the cafe where he worked, lo-

cated in a strip mall owned and managed by the de-

fendants. The premises had had a history of leaks and,

when the plaintiff a faulty 240-pound water heater col-

lapsed and fell from the ceiling onto the plaintiff. The

plaintiff asserted that the defendant had reason to know

that the water heater was causing problems because it

had been reported to the defendant landlord by the

owner of the cafe multiple times and had, in fact, been

the cause of a temporary closing of the cafe at one

point and issuance of a code violation notice in May

2001.

The lease for the cafe stated that the defendant land-

lords were responsible for maintenance of the property,

including the water systems. The plaintiff contended that

the defendant negligently failed to maintain the prop-

erty in a safe condition and that that negligence led to

the accident wherein the plaintiff suffered permanent in-

juries. The plaintiff presented testimony from an expert

engineer who stated that the way the water heater was

assembled and mounted was in violation of building

codes and that improper installation was the reason for

the collapse.

As a result of being struck by the water heater, the plain-

tiff lost consciousness and was taken by ambulance to

the hospital. The plaintiff sustained cervical disc

herniations at C4-5 and C6-7; lumbar disc herniation at

L3-4; right wrist tendon injury; and right shoulder injury.

The plaintiff treated with multiple surgeries including 2

neck surgeries with hardware and fusion, a shoulder sur-

gery, 2 back surgeries with hardware and fusion, and

wrist surgery. The plaintiff continues to wear a splint on his

right wrist due to his injuries. The plaintiff claimed over

$600,000 in medical expenses.

The defendant denied negligence and asserted that

the cafe owner/tenant was responsible for plumbing

and electrical issues on the property. Further, the defen-

dant put forth that the accident did not in fact occur

and was fabricated by the plaintiff and the cafe owner.

The defendant also argued that the plaintiff suffered no

injuries and presented testimony from a medical expert

that he could find no evidence the plaintiff’s injury and

purported surgery ever occurred. The defendant’s IME

also asserted that the plaintiff had long-standing degen-

eration and multiple prior injuries to the same parts of

the body.

The jury found no negligence and returned a verdict in

favor of the defendant.

REFERENCE

Diaz vs. Landman. Case no. 2014-011072-CA-01;

Judge Jennifer Bailey, 03-24-22.

Attorneys for plaintiff: Irwin Ast and Leonard M.

Caracappa of Law Office of Irwin Ast in Miami, FL.

Attorneys for defendant: Joel D. Adler and Michael

Rotunno of Marlow Adler Abrams Newman & Lewis

in Miami, FL.

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