Greenberg vs. Mercy Hospital, Inc. Demeritt & Associates, Inc., Fred Demeritt, Maiotto Inc., Carlos Mad, Rafael Araica Carpet’s Service, Inc., and Rafael Araica
Dade County Case No: 95-20764
Judge Murray Goldman
PREMISE LIABILITY: Slip and fall on carpet glue. Plaintiff, a cardiovascular surgeon, slipped and fell on carpet glue at Mercy Hospital. Mercy Hospital was having the co-defendant lay carpet. Plaintiff claimed that improper procedures and warnings were used to provide warnings as to the work being performed in a high traffic area. Defendant’s claimed that the danger was open and obvious. Plaintiff, 64, male, cardiovascular surgeon, suffered injury to his right knee. DR. CHARLES WEISS, Orthopedic Surgeon, testified that the accident aggravated a pre-existing arthritic condition and that the plaintiff needs a total knee replacement. DR. WEISS testified that the plaintiff is totally disabled from performing surgery as he cannot stand for long periods of time. DR. WEISS testified that the plaintiff has a 40% impairment which predated the accident and a total disability of 53% to the leg which translates to 25% of the body. DR. JEFFREY GELBLUM, Neurologist, testified that the plaintiff has a sensory nerve injury in his ankle that was damaged during the total knee replacement and that it will be permanent causing the plaintiff pain on a constant basis. Defense doctor, DR. THEODORE EVANS, testified that the plaintiff needed a total knee replacement before the accident and that the plaintiff was not disabled from performing surgery. Defense Neurologist, DR. BRUCE KORHMAN testified that the plaintiff’s nerve injury was getting better and that the pain could be controlled by medication. DR. KOHRMAN also testified that the plaintiff was not disabled from doing surgery. Plaintiff claimed 2 _ years of lost income and future lost income. Defendant’s claimed that the plaintiff was on-going to retire at the age of 55. The plaintiff settled with the defendant Miotto, shortly before trial for the policy limits of $100,000.00. The jury found the defendant MERCY HOSPITAL 20% negligent. Defendant Demeritt 25% negligent. Defendant Araica 30% negligent. Defendant Miotto 0% negligent and the plaintiff 25% comparatively negligent. The jury awarded $56,000.00 for medical expenses; $125,000.00 for pain and suffering, $1,400,000.00 for lost earnings and earning capacity and $20,000.00 for loss of consortium.
Verdict for Plaintiff: $1,601,000.00 (unreduced)