PREMISES LIABILITY. $______ RECOVERY - PREMISES LIABILITY - FALLING OBJECT - APPROXIMATELY 3 FT. HIGH PROMOTIONAL BOTTLE FALLS FROM TOP OF SPEAKER WHERE IT WAS PLACED DURING SPECIAL EVENT, STRIKING PLAINTIFF SECURITY GUARD IN HEAD - MULTIPLE LUMBAR AND CERVICAL BULGES - LUMBAR SURGERY - CEREBRAL CONCUSSION AND POST-CONCUSSION SYNDROME - FREQUENT HEADACHES - ALLEGED SPOLIATION OF EVIDENCE - CASE SETTLES DURING PENDENCY OF PRETRIAL MOTIONS.

Pages18-19
hind him and volunteered in retrofitting his house, en-
abling him to live at home with the assistance of an LPN.
The plaintiff also requires very frequent physician visits.
The plaintiff has also obtained a handicap accessible
van. The evidence further disclosed that because of ex-
tended times in his wheelchair, the plaintiff developed a
decubitus ulcer and required surgery.
The case settled prior to suit being filed for $2,940,000.
REFERENCE
Plaintiff’s life care planning expert: Diana Dunn-
Roberts, RN from Medivest, Oviedo, FL.
DeMario vs. Supreme Mulch. 07-30-20.
$2,500,000 RECOVERY – MOTOR VEHICLE NEGLIGENCE – REAR END COLLISION –
PLAINTIFF AUTOMOBILE DRIVER STRUCK WITH GREAT FORCE BY DEFENDANT VAN
DRIVER – EXTENSIVE PROPERTY DAMAGE – CERVICAL AND LUMBAR HERNIATIONS –
SURGERY – INABILITY TO CONTINUE JOB IN AERONAUTICS INDUSTRY.
Los Angeles County, CA
In this action for motor vehicle negligence, the 42-
year-old plaintiff driver contended that as he was
slowing in the right lane, he was struck with great
force by the defendant van driver. The plaintiff
asserted that he suffered cervical and lumbar
herniations that required surgery. The plaintiff,
who had worked in the aeronautics industry in a
job that required him to travel throughout the
world repairing entertainment systems on airlines,
contended that he can no longer engage in this
work and has suffered a significant diminution in
earnings. The defendant had $1,000,000 in
primary coverage and a $10,000,000 umbrella.
The plaintiff related that although most of his co-workers
in his aeronautics industry job held advanced degrees,
he did not, but was nonetheless able to virtually create
a job for himself in which he traveled throughout the
world performing repairs to entertainment systems man-
ufactured by his employer and placed aboard aircraft.
The plaintiff asserted that he can no longer engage in
the travel required by his job and has not worked since
the accident occurred.
The case settled prior to trial for $2,500,000.
REFERENCE
Plaintiff 42-year-old driver vs. Defendant van driver.
Attorney for plaintiff: Laura Davidson of Jacoby &
Myers, LLP in Los Angeles, CA.
PREMISES LIABILITY
$1,500,000 RECOVERY – PREMISES LIABILITY – FALLING OBJECT – APPROXIMATELY 3
FT. HIGH PROMOTIONAL BOTTLE FALLS FROM TOP OF SPEAKER WHERE IT WAS
PLACED DURING SPECIAL EVENT, STRIKING PLAINTIFF SECURITY GUARD IN HEAD –
MULTIPLE LUMBAR AND CERVICAL BULGES – LUMBAR SURGERY – CEREBRAL
CONCUSSION AND POST-CONCUSSION SYNDROME – FREQUENT HEADACHES –
ALLEGED SPOLIATION OF EVIDENCE – CASE SETTLES DURING PENDENCY OF PRE-
TRIAL MOTIONS.
Bronx County, NY
In this premises liability action, the 28-year-old
plaintiff, who was employed by a security
company and who was working at the defendant
night club during a Halloween promotion of a
brand of champagne, contended that as he was
standing in front of a large speaker on the stage,
an approximate 3-foot high, 50 pound
promotional champagne bottle fell, striking him in
the head. The plaintiff contended that he
sustained close head trauma, severe headaches,
decreased hearing on his right ear, multiple
lumbar and cervical bulges and herniations. As a
result of his severe injuries, the plaintiff had to
undergo spinal surgery and multiple injections.
The plaintiff sought to recover damages for his
serious and permanent personal injuries that he
sustained. The defendants asserted that they were
not liable in this case.
The plaintiff contended that the negligence of the de-
fendant club caused, or was a proximate cause of the
injuries suffered by plaintiff. The vibration of the stereo
speaker or base box, caused by the loud music ema-
nating therefrom, caused the decorative large bottle to
crash on the plaintiff’s head. The plaintiff maintained that
this type of incident would not occur in the absence of
negligence and that the jury should be instructed re-
garding Res Ipsa Loquitur. The defendant denied that
the jury should be so instructed.
The defendant had $3,000,000 in primary coverage
and a $6,000,000 umbrella. The case settled while the
pretrial motions were pending for $1,500,000.
18 SUPPLEMENTAL VERDICT DIGEST
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