Orange County

(33) LOUIS LUCAS vs. SOUTHEAST UNLOADING, LLC

 

County/Docket #/Judge: Orange / 06-CA-2868 / Thomas W. Turner

 

Plaintiff(s) Attorney(s): David A. Paul, of Counsel, of The Nation Law Firm, Orlando; Paul C. Perkins of The Nation Law Firm, Longwood

 

Defendant(s) Attorney(s): Kevin E. Jakab, John M. Howell, and Kerry C. Collins of Howell & O’Neal, P.A., Jacksonville

 

Age/Sex/Occupation Of Plaintiff: 44 / M / Warehouse Receiver

 

Cause Of Injury: Worksite Accident/Warehouse/Employee Struck by Forklift. Plaintiff alleged that on February 8, 2006, at approximately 9:20 a.m. at a Winn-Dixie warehouse on Coastline Road in Orlando, he was struck by Defendant’s employee, who was operating a forklift in the course and scope of his employment. Plaintiff alleged that the employee collided with and ran over the right foot of Plaintiff. Plaintiff alleged that the forklift driver negligently operated the forklift and that Defendant negligently trained the forklift driver to safely operate a forklift. Defendant alleged that it was not negligent to any degree and further alleged that the cause of the accident was Plaintiff’s negligence and the negligent design of the warehouse and the subject forklift on the part of Winn-Dixie.

 

Nature Of Injury: Degloving injury to right foot; lateral malleolar ankle fracture; right fourth proximal metatarsal fracture; multiple surgeries and skin grafts were required in an effort to heal the wound.

 

Expert Witnesses:

 

Plaintiff's:

Michael Shahnasarian, Ph.D., Vocational Rehabilitation, Tampa

Frederick A. Raffa, Jr., Ph.D., Economist, Orlando

 

Defendant's:

Frank Woodrich, Ph.D., Vocational Rehabilitation, Tallahassee

Rudolph G. Mortimer, Ph.D., Human Factors, Urbana, IL

 

Verdict: $5,944,384 for Plaintiff on March 20, 2009 ($387,000 – past medical expenses; $655,010 – future medical expenses; $150,621 – past lost earnings; $751,753 – future lost earnings; $2,000,000 – past pain and suffering; $2,000,000 – future pain and suffering).

 

Plaintiff’s Negligence: 1%; Defendant’s Negligence: 89%; Winn-Dixie’s Negligence: 10%

 

Judgment: Entry of judgment is pending.

 

Editor's Note: This was a ten-day trial. The jury was composed of five females and one male. The jury deliberated for approximately eight hours. Defendant offered $500,000. Defendant’s post-trial motions were denied. Plaintiff’s Motion to Tax Costs and Defendant’s Notice of Appeal are pending.