Rosania vs. Fitzpatrick

Lipcon, Margulies, Alsina & Winkleman, P.A


Rosania vs. Fitzpatrick

Dade County Case No. 83-36965
Judge Moore

METRORAIL PROJECT: Plaintiff, an electrician was injured when he attempted to open a door to enter the electrical room of the Vizcaya Station and the door and its frame fell on him. Defendant claimed that the door was not improperly installed and that the plaintiff knew or should have known that it was unstable. Plaintiff, a white Hispanic male, twenty-nine years old injured ligaments of his knee. DR. KEITH KASHUCK indicated a 40% loss of muscle use in his leg. DR. JOSEPH MENSCH testified in deposition that the plaintiff could not work as an electrician anymore and had limitations on prolonged standing and walking. Medical expenses were approximately $26,472.00. Plaintiff’s earnings at the time of the accident were $522.00 weekly. His average prior yearly earnings were $10,000.00. Plaintiff’s earnings on returning to work were $150.00 weekly.

Case settled prior to trial: $370,000.00. Plus payment of workmen’s compensation lien.