Florida Federal Jury Awards $ 4.7 Million For Injuries Suffered By Man Who Fell On Allegedly Defective Stepladder In Product Liability Action
On April 6, 2012, plaintiff Moises Ore was using a Husky brand stepladder to retrieve tires at a Tire Kingdom warehouse where he worked as a regional sales manager when one or more of the rivets failed, causing plaintiff to fall to the ground and sustain injuries. The ladder was manufactured by defendant Tricam Industries, Inc., and sold by defendant Home Depot USA, Inc.
On Aug. 21, 2013, plaintiff and his wife, Noemi Ore, filed a complaint asserting strict product liability and negligence claims against defendants in the Circuit Court of Broward County, FL. On Feb. 4, 2014, defendants removed the action to the United States District Court for the Southern District of Florida, where the case was assigned to Judge Robert N. Scola, Jr.
On July 1, 2017, the jury awarded plaintiff damages of $ 4,707,799.20, including $ 517,000 in past lost earnings; $ 200,799.20 in past medical expenses; $ 1,800,000 in future lost earnings; $ 223,000 in future medical expenses; $ 367,000 in past pain and suffering; and $ 1,600,000 in future pain and suffering. On plaintiff's negligence claims, the jury apportioned fault as follows: Tricam Industries: 55%; Home Depot: 15%; Tire Kingdom: 15%; plaintiff: 15%. On plaintiff's strict liability claims, the jury apportioned 70% fault to Tricam, 15% to Tire Kingdom, and 15% to plaintiff.
Plaintiffs were represented by Samuel Coffey and Kenneth Wayne Ferguson of Coffey Trial Law. Defendants were represented by Paul V. Kaulas of McVey & Parsky, LLC, and Jeffrey A. Mowers of Lewis Brisbois Bisgarrd & Smith, LLP.
Lexis Advance Subscribers may view the complete summary here: Moises Ore and Noemi Ore v. Tricam Industries, Inc., and Home Depot USA, Inc; 2017 Jury Verdicts LEXIS 2021.
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