Columbia County
(7) DONNELL BYRD vs. MURPHY OIL USA d/b/a MURPHY USA, a foreign profit corporation
County/Docket #/Judge: Columbia / 122007-CA-000560 / Leandra G. Johnson
Plaintiff(s) Attorney(s): Eric S. Block and Daniel A. Iracki of Law Offices of Eric S. Block, P.A., Jacksonville
Defendant(s) Attorney(s): Peter J. Kellogg and William R. Holley of Law Offices of Amy L. Warpinski, Jacksonville
Age/Sex/Occupation Of Plaintiff: 38 / F / Custodian
Cause Of Injury: Motor Vehicle Accident/Pedestrian Struck/Injury. Plaintiff was standing in line at Murphy Gas Station at a Wal-Mart in Lake City, Columbia County, on August 16, 2007, at 7:37 p.m. when a pick-up truck operated by Kevin Stansel struck merchandise racks and soda machines, which fell on Plaintiff and several other people. Plaintiff was trapped under the machines and was then transported by rescue to the emergency room at Shands Lake Shore in Lake City.
Plaintiff alleged that Defendant negligently created a dangerous condition on its premises despite the foreseeable danger that vehicles would contact these machines. Plaintiff also alleged that Defendant failed to divert foot traffic away from the dangerous condition, failed to warn its customers of the condition, and was negligent in its mode of operation of the subject premises. Plaintiff alleged that she suffered permanent injuries as a result of Defendant’s negligence.
Defendant denied any and all negligence arising from this incident. Defendant alleged that Stansel, the driver of the vehicle, was the sole cause of any and all negligence arising from this incident and denied the amount of damages claimed by Plaintiff.
Nature Of Injury: Injuries to head; neck; back; right leg; hip; knee; ankle; right ribs. Dr. Manley Kilgore testified at trial that he diagnosed Plaintiff with Reflexive Sympathetic Dystrophy involving the lower extremity (leg), which was a permanent condition directly resulting from Plaintiff’s crush injury that affected her buttock and her thigh. Plaintiff underwent subsequent surgical interventions, debridement, and a secondary open wound closure.
Expert Witnesses:
Plaintiff's:
Manley W. Kilgore, II, M.D., Neurology, Jacksonville
John Rody Borg, Ph.D., Economist, Jacksonville
Defendant's:
Charles Shaw, M.D., Orthopedics, Gainesville
Verdict: $5,461,000 for Plaintiff on May 15, 2009 ($85,192.38 – past medical expenses; $1,091,807.62 – present value of future medical expenses; $45,000 – past lost wages; $755,000 – future lost wages; $150,000 – past pain and suffering; $3,334,000 – future pain and suffering).
Defendant’s Negligence: 90%; Stansel’s Negligence: 10%
Judgment: $4,894,900 for the Plaintiff on July 14, 2009 (amended final judgment).
Editor's Note: This was a five-day trial. The jury was composed of two females and four males. The alternate was male. The jury found Defendant negligent in failing to maintain its premises in a reasonably safe condition or in failing to correct a dangerous condition of which it knew or should have known by the use of reasonable care, or negligent in its mode of operation, or in failing to warn Plaintiff of a dangerous condition, which was a legal cause of loss, injury, or damage to Plaintiff. The jury also found negligence on the part of Stansel that was a legal cause of loss, injury, or damage to Plaintiff. The jury verdict form stated that the Court in entering judgment would reduce Plaintiff’s amount of damages by the percentage of negligence the jury found was chargeable to Stansel.
Wal-Mart Stores was voluntarily dismissed without prejudice as a defendant in this case on April 2, 2009.
The Court issued an order granting Defendant’s Motion to Alter or Amend Final Judgment. On July 22, 2009, Plaintiff filed a Motion to Tax costs of $45,445.41 against Defendant. Defendant filed an appeal on August 14, 2009, with the First District Court of Appeal of Florida (Case No. 1D09-4074).
On September 4, 2009, a Notice of Filing Supersedeas Bonds in the amounts of $3,928,804 and $1,175,000 was filed by Defendant.