Baldwin County

(4) JEFFREY HODGES and MICHELLE HODGES vs. RESORT RECREATION CENTER, INC. (Circuit Court of Baldwin County, Alabama)

County/Docket #/Judge: Baldwin / 05-CV-2017-900881 / Scott P. Taylor

Plaintiff(s) Attorney(s): C. Randall Caldwell, Jr., John A. Wenzel, and Patrick Prendergast of Caldwell Wenzel, et al., Foley, AL

Defendant(s) Attorney(s): Kori L. Clement of Klasing, Williamson, et al., Birmingham, AL

Age/Sex/Occupation Of Plaintiff: Jeffrey Hodges: n/a / M / n/a; Michelle Hodges: n/a / F / n/a

Cause Of Injury: Negligence/Premises Liability/Rider Leaves Disabled Go-Kart and Is Struck by Second Go-Kart. On Aug. 3, 2017, plaintiffs Jeffrey Hodges and Michelle Hodges, who were residents of Kentucky, filed suit against defendant Resort Recreation Center, Inc. They alleged that on Oct. 7, 2015, they were vacationing at the Track in Gulf Shores when Jeffrey Hodges bought tickets for the multi-leveled go-kart track known as the Wild Woody. During the ride, the go-kart came into contact with the guardrail, spun around, and was pinned against the guardrail so as to be disabled. Because Jeffrey Hodges was not visible to any attendants and could not get the attention of any attendants or employees, and did not want to be sitting in a disabled go-kart that might be struck by others, he got out of his go-kart to move it away. He was struck by another go-kart, severely injuring his left leg and foot. After being treated for his injuries in a hospital in Pensacola, Florida, he had to undergo additional surgeries in Paducah, Kentucky. Plaintiffs brought claims for negligence, wantonness, negligent hiring, and negligent supervision as well as a loss of consortium claim for Michelle Hodges. They also sought punitive damages.

Defendant denied the allegations and contended that Jeffrey Hodges himself was negligent.

The case went to the jury on the wantonness and loss of consortium claims.

Nature Of Injury: Left leg and foot injuries; pain and suffering; loss of consortium.

Expert Witnesses:
Plaintiff's:
Todd Brian Edmiston, M.D., Orthopedic Surgery, Foley, AL
Joseph J. Pandolfo, Amusement Ride Operations, East Stroudsburg, PA

Defendant's:
Michael A. Hupalo, Engineering, Brooksville, FL

Verdict: $350,001 for Plaintiffs on Oct. 30, 2020 ($350,000 – wantonness; $1 – punitive damages for wantonness claim).

Judgment: $350,001 for Plaintiffs on Nov. 4, 2020 (plus court costs).

Editor’s Note: The jury found for defendant on the loss of consortium claim. Plaintiffs filed a notice of satisfaction of judgment on Dec. 14, 2020.