Broken Toe Research Total Award $ Outcome Case Type Subcategory Facts

Transcription

1 Broken Toe Research Total Award $ Outcome Case Type Subcategory Facts $ 265, CN: Plaintiff 90%; Defense 10% Premises Liability Slip-and-Fall The plaintiff claimed that she slipped and fell in accumulated water on the floor of the defendant's store (Wal-Mart). The defendant contended that the plaintiff struck her foot on a BBQ grill in the aisle, which caused her to trip and fall. They further claimed that a slip-and-fall couldn't have broken the toe, she would have had to strike it on something. $ - Defense Negligent Maintenance Industrial-Size Trash Dumpster This action was brought on by the parents of the injured minor plaintiff. The plaintiff claimed that the minor was throwing debris into the dumpster while helping with yardwork with some friends when the dumpster rocked down on his 5th toe due to a broken wheel. The plaintiff's podiatrist alleged that the plaintiff sustained a crush fracture to the toe, requiring removal of bones, a 4-day hospitalization, and a short leg cast for 4 weeks. The minor's physician further claimed that he was left with permanent scarring and stunted toe growth, affecting his ability to walk and run. The owner of the defendant company claimed that the dumpster was found to have a broken wheel, but that he had no notice. He also claimed that, in order for the dumpster to rock like the plaintiff claimed, it would have taken 2-3 strong men. The defendant's orthopedic expert opined that if the dumpster had rocked, the whole foot would have been broken, not just one toe. Defense counsel introduced medical records making reference to a sharp object/glass as a cause of injury. $ 3, Settlement Premises Liability Accident at Grocery Store A female plaintiff suffered a toe fracture with permanent pain, limited motion, and permanent weakness, when a plastic bag of groceries broke, dropping a can on the plaintiff's foot as she attempted to exit the defendant grocery store (Winn-Dixie). The plaintiff alleged that the defendant's employee was negligent in placing too much in the bag. The defendant denied that its employee was negligent.

2 $ 39, Plaintiff Premises Liability $ 51, Plaintiff MVA Rear-End Accident at Commercial Property The plaintiff suffered reflex sympathetic dystrophy, nerve damage to her feet, and broken toes when her feet were crushed by a hydraulic elevation lift at the defendant's car dealership. The plaintiff claimed that the defendant failed to warn of a known dangerous condition and failed to keep a safe premises. The defendant admitted liability. The plaintiff was rear-ended by the defendant's vehicle. The defendant claimed that the plaintiff was turning and stopped midturn without reason. $ 87, Settlement Premises Liability Trip-and-Fall $ 250, Plaintiff Products Liability Medical Commodity The plaintiff was a resident of the defendant's building and it's manager when she tripped an fell over a sawed-off sign base on the property. Plaintiff's counsel introduced testimony of a former maintenance employee of the complex who claimed that, on 1 occasion, he tripped over the exact same sawed-off base and that he saw a maintenance supervisor saw off other parking signs. The defense claimed that it regularly inspected the premises, but it could not produce any property inspection report for the past 5 years. Defense counsel further claimed that the base was an open and obvious condition and that it was the plaintiff's fault because she was running and not looking where she was going. The plaintiff claimed that she was running to keep her 2-year-old son away from exterior A/C fans. The plaintiff further contended that her left foot is painful and swollen, that it precludes her from playing basketball and softball, and disallows her from participating in active games or sports with her children. A physician assigned her a 2% whole-body impairment and a 7% impairment of the left foot. Plaintiff suffered a comminuted fracture of the big toe, resulting in traumatic degenerative arthritis, when a Wire-Driver, manufactured by the defendant and used for internal fixation, broke during a bunionectomy. A defect in the device was later identified by the defendant and appropriate repairs were made. The defendant admitted liability.

3 $ - Defense Personal Negligence Accident $ 31, Plaintiff Premises Liability Slip-and-Fall Plaintiff suffered a broken toe and aggravation of a phelebitic condition after she came into contact with the defendant's frontend loader. She claimed that the defendant struck her with the front-end loader as she stood talking to him as her worked in her yard. The defendant claimed that the plaintiff came out of her mobile home to scream at him, put her hands on the frontloader, and injured her own foot. Plaintiff suffered a twisted knee and broken toe after she slipped in the entranceway of the defendant store. She contended that she fell in a large puddle of water. $ 471, CN: Plaintiff 10%; Defense 90% MVA Pedestrian Plaintiff alleged that he was working inside a safety zone marked by orange cones while cleaning a street when the defendant's tow truck failed to stay in its lane of travel and drove over a number of cones, causing the plaintiff to drop his shovel and jump out of the way of the tow truck. The truck ran over the shovel, which snapped the shovel's handle, which broke the plaintiff's big toe and crushed his foot. The defendant denied that its employee drove into the construction safety zone and there were no eyewitnesses. The plaintiff's son saw the tow truck leaving the scene and cones knocked down, as did the plaintiff's employer. The defendant denied liability and claimed that its employee drove through the construction zone without incident and didn't strike any cones or person. The defendant further claimed no future medical care was necessary. $ - Defense Premises Liability Slip-and-Fall Plaintiff alleged that the defendant (Winn-Dixie) was negligent in failing to warn her of a wet soapy floor that was being mopped. The defendant alleged that there was a warning cone.

4 $ - Defense Business Negligence Inadequate Service Plaintiff suffered a toe fracture when the jack stand of the tree chipper that he rented from the defendant malfunctioned which caused the tongue of the trailer to fall off and onto his foot. The plaintiff claimed that the defendant failed to properly maintain the product and that the pin in the stand was the wrong part which caused his injuries. The defendant denied liability and contended that the product was rented out in proper working condition and that the plaintiff had lost the pin to the jack stand and had to replace it with an improper fit. $ 197, Plaintiff Products Liability Defective Design and Construction This case was tried on damages only. The plaintiffs claimed that a custom entertainment center they purchased, manufactured and designed by the defendant, was defectively designed and constructed so as to cause a piece to fall off and strike the minor plaintiff on the foot. The piece which fell was approximately 25lbs and was held in place by 2 magnets so it could be removed for insertion or removal of the TV set. The plaintiff's orthopedic surgeon testified that the plaintiff had sustained a fracture of the big toe from the incident and required surgical debridement. The fracture affected the minor's ability to engage in sports and physical education at school. The defendant's orthopedic surgeon claimed that the minor plaintiff's toe fracture had resolved with no permanent impairment.

5 $ - Defense Premises Liability Trip-and-Fall $ - Defense MVA Uncontrolled Intersection $ 50, Settlement Premises Liability Trip-and-Fall The plaintiff was a resident at the defendant-owned mobile home when she tripped and fell on the entrance steps which were installed by the codefendant mobile home (RV) company. She contended that the fall and subsequent toe fracture was caused by a defective handrail when the defendant owners failed to maintain and the codefendant company negligently installed. The plaintiff also claimed that the defendant homeowners failed to inspect and maintain the handrail. The defendants denied notice of any problem with the handrail and argued that the plaintiff, who resided at the premises, had superior knowledge of its condition. Defense counsel also alleged that the plaintiff had a leg-length discrepancy, requiring her to wear orthopedic shoes, but she was wearing flip flops which caused her to lose her balance and fall. Plaintiff suffered multiple abrasions, a burned foot, 2 toe fractures, and a flap laceration requiring stitches when the defendant van pulled out of a store parking lot in front of the plaintiff's motorcycle. The defendant van owner claimed that the plaintiff was comparatively negligent and that they had collateral source payments. The defendant driver (also part-owner of the van) alleged that the plaintiff was speeding, was inattentive, and was comparatively negligent and improperly changed lanes. Plaintiff broke her toe when she tripped on a pallet, which had been placed over a flooded pedestrian sidewalk, and fell at the premises which were under the control of the defendant companies. She contended that the defendants were negligent for maintaining a dangerous condition, and that they were jointly and severally liable for her injuries. The defendants denied negligence and contended that the plaintiff was negligent for failing to exercise reasonable care, and that proximately caused her injuries.

6 $ 14, Plaintiff MVA Broadside $ 630, Plaintiff Rental Car Negligence Negligent Entrustment $ - Defense Personal Negligence Accident $ 8, Plaintiff Premises Liability Accident at Grocery Store $ 11, Plaintiff MVA Intersection $ 20, Plaintiff Premises Liability Accident at Apartment Complex $ 85, Settlement Premises Liability Trip-and-Fall Plaintiff suffered a lumbar strain and toe fracture when his vehicle was struck broadside by the defendant's vehicle at an intersection. The plaintiff claimed that the defendant operated her vehicle in a negligent manner and failed to keep a proper lookout. He further claimed that the codefendants insurance company issued a policy of insurance which provided for UM benefits. Plaintiff suffered right arm and shoulder reflex sympathetic dystrophy, arm lacerations, and 2 toe fractures when a vehicle in which he was a passenger, owned by the defendant and operated by a male nonparty driver, rolled over on a state turnpike. The plaintiff contended that the defendant negligently entrusted the vehicle to the nonparty host driver. The defendant denied liability and disputed the nature/extent of injuries. Plaintiff suffered a toe fracture when the truck operated by the defendant ran over his foot. He alleged that the defendant failed to use reasonable care while leaving a site and negligently ran over his foot. The defendant contended that the plaintiff stood in an area undesignated for their trucks to pass. Plaintiff suffered a fractured toe after a box of soap was dropped on her foot. The plaintiff alleged that the defendant store's personnel was negligent for dropping the box. Plaintiff suffered 5 fractured toes on his left foot and scarring of his right calf after his vehicle was struck by the defendant's vehicle. The defendant was attempting to make a left turn in front of the plaintiff's vehicle. Minor plaintiff suffered a toe fracture after a piece of concrete from the defendant apartment building's railing fell and struck her toe. Plaintiff suffered a toe fracture resulting in reflex sympathetic dystrophy when she tripped on a loose brick and fell on the property owned by the male defendant and female codefendant. The plaintiff contended that the defendants negligently failed to warn of a known dangerous condition. The defendants contended that the loose brick was not dangerous.

7 $ - Defense Premises Liability Slip-and-Fall Plaintiff suffered an avulsion fracture of the big toe when she slipped and fell on oil and leaves in the driveway at a home owned by her ex-husband, the defendant. The plaintiff contended that the defendant failed to warn of the dangerous condition. The defendant contended that the plaintiff was unable to prove the existence of the leaves and oil in the driveway or that he had notice of the condition. The court granted a directed verdict. $ - Defense Premises Liability Trip-and-Fall Minor plaintiff suffered 3 toe fractures when he allegedly tripped and fell down the stairwell at a condominium complex maintained by the defendant condominium association. The plaintiff claimed that he was wearing skateboarding shoes and was walking to get onto an elevator when his foot struck a 2x4 piece of lumber lying on top of a 4x8 piece of plywood causing him to trip and fall down the stairs into the pool area. Plaintiff's counsel produced witnesses of the plaintiff's brother and friend who claimed to see, or have seen, the lumber. The plaintiff underwent 2 surgeries. The defendant argued that it employed a maintenance worker who surveyed the property regularly and that it had no notice of the lumber. They also claimed that the plaintiff's brother was a 12-time convicted felon. One of the plaintiff's treating physicians testified that the injuries sustained by the plaintiff were more consistent with the plaintiff being barefoot than wearing shoes. Finally, the defense argued that the plaintiff failed to follow physician's orders to follow-up 2 weeks post-accident and not bear weight on the foot. The defendant also submitted video surveillance of the plaintiff wearing flip flops and performing maneuvers that should have been very difficult for his injuries.

8 $ 170, Plaintiff Premises Liability Accident at Amusement Park Plaintiff alleged that he suffered a facial laceration with scarring and broken toe when his go-kart was struck by a nonparty gokart at the defendants' amusement park where the plaintiff was a patron. The plaintiff contended that the defendants failed to routinely inspect and properly maintain the premises, failed to ensure the safety of its patrons, and failed to remedy/warn of the known dangerous condition. The defendants denied liability. $ - Defense Personal Negligence Animal Plaintiff suffered a fractured toe when her dog that she was walking became involved in a fight with the defendants' dog. The plaintiff contended that the defendants failed to restrain their dog. The defendants denied that the dog was permitted to run loose or that the plaintiff's injury occurred as the described and contended that the dog got out when their gate was opened. An eyewitness testified that the plaintiff never struck the ground and that she claimed that she was uninjured and walked home. $ 195, CN: Plaintiff 15%; Defense 85% Work Accidents Railroad $ - Defense Premises Liability Accident at Airport Plaintiff was injured when he stepped into a hole while attempting to inspect a locomotive owned by the defendant CSX Transportation Inc., his employer. The plaintiff claimed that the defendant violated the Federal Employers' Liability Act when it failed to ensure the track and roadbed in its railyard were in compliance with federal rules and regulations. He also claimed that the defendant failed to warn of the dangerous condition. The defendant denied liability and contended that the plaintiff's negligence was the cause of his injury when he failed to exercise reasonable care while performing the inspection. Plaintiff suffered a fracture of the right little toe after his foot became caught on the comb plate of an airport escalator, which was maintained by the defendant Dade County and repaired by the codefendant electric company. The codefendant claimed that it wasn't notified by the defendant, as was the established procedure, of any needed comb plate escalator repairs prior to the incident.

9 $ 135, Plaintiff Employer Negligence Railroad Worker $ 52, Plaintiff MVA UM Plaintiff suffered an avulsion fracture of his toe and aggravation of a preexisting bunion which required bunionectomy after a section of railroad fell on his toe while being unloaded from a truck. The incident occurred as the plaintiff unloaded rail in order to make welds on a plug rail that was owned by the defendant railroad corporation. The defendant's roadmaster testified that 3 men were used to unload the truck, but 4 would be desirable, and mechanical unloading would be the most desirable method. He also testified that, after the plaintiff returned to work, his work product was not comparable to that of younger workers. The roadmaster partially attributed this to the injuries. The defendant alleged that the plaintiff was comparatively negligent. The defendant in this case was State Farm Auto Insurance Company. The plaintiff claimed that she was driving with the RoW when a vehicle driven by the tortfeasor made a U-turn and struck the driver's side of her vehicle. The plaintiff's orthopedic surgeon and podiatrist testified that the plaintiff sustained a fracture of the 3rd metatarsal of the right foot which caused bone overgrowth necessitating surgery. The plaintiff's neurologist claimed that the plaintiff sustained damage to the left lateral cutaneous nerve into he accident, resulting in a loss of sensation. The plaintiff claimed to have lost her job in sales due to her 6- month absence from the accident; evidence showed she returned to sales but with a lower salary. The defendant admitted liability, but contested the nature/extent of the plaintiff's claimed injuries. The defendant's neurologist claimed no permanent injury. The plaintiff contended that his testimony was conflicting with his prior deposition testimony. The defendant's orthopedic surgeon claimed that the toe fracture had healed properly with no mal-alignment, but that she had a permanent injury.

10 $ - Defense MVA Rear-End $ 12, CN: Plaintiff 70%; Defense 30% MVA Pedestrian Plaintiff suffered a toe fracture and soft tissue cervical injury in a rear-end accident. The defendant admitted liability. The plaintiff asserted that her injuries resulted in the necessity for physical therapy and caused constant pain. She contended that she was unable to return to work as an aerobics instructor due to the injuries and her orthopedic surgeon testified that the plaintiff sustained a 8-10% permanent impairment rating of the whole body. The defendant prevented video evidence of the plaintiff moving furniture around her garage and turning her head for a long period of time, which she claimed that she couldn't do. Plaintiff suffered fractures of both ankles and a fractured toe on her right foot when she was struck by a vehicle operated by the defendant and owned by the defendant and codefendant as she was crossing the street. The plaintiff contended that the defendants negligently caused her permanent injuries. The defendants denied negligence and contended that the plaintiff was negligent. $ 36, CN: Plaintiff 90%; Defense 10% Premises Liability Patron Struck by Toppled Display Plaintiff was a patron at the defendant's grocery store (Winn- Dixie) when several 6-packs of glass soda bottles toppled from a display, striking her and knocking her to the floor. She claimed that the defendant had negligently maintained its premises by staking open cardboard cases of glass soda bottles at an excessive height in the middle of an aisle. The defendant claimed that the plaintiff contributed to causing the display to fall by walking into or brushing up against it.

11 $ - Defense MVA Pedestrian $ 250, Plaintiff Premises Liability Falling Murphy Bed $ - Defense MVA Parking Lot Collision $ 32, Plaintiff Employer Negligence Service Employee $ 9, Plaintiff MVA Collision Plaintiff was crossing a road when he was struck after stepping into the path of a vehicle operated by the defendant and owned by the defendants and codefendants. The plaintiffs (injured and his wife) claimed that the defendant driver was negligent for failing to use a light beam that was directed high enough and of a sufficient intensity to reveal a persons and vehicles at a safe distance in violation of F.S The defendants alleged that the plaintiff crossed a dark and desolate highway around 12am without looking or yielding to cars proceeding on the highway. They also claimed that the plaintiff's BAC was.246 (admitted into evidence at trial). The defendants stipulated that the plaintiff had a permanent injury. The plaintiff's eye doctor claimed that he has slight astigmatism which may cause difficulty seeing at night without his glasses. Plaintiff was an employee of the defendant and was summoned by an agent of the defendant to come to an area where a Murphy bed rested on the office floor in a fully opened position. The plaintiff was directed by the tenant to ask the landlord what to do and how to remove the bed, which was fixed to the building. The landlord instructed the plaintiff to remove the bed. While the plaintiff was standing in close proximity to the front of the bed, it suddenly collapsed, hitting the plaintiff's foot. Plaintiff was within the course and scope of his employment while operating a golf cart. The defendant was operating a motor vehicle as he proceeded through the parking lot when he had an unanticipated and unforeseen coughing attack. He lost consciousness and struck the golf cart operated by the plaintiff. Plaintiff suffered a crush injury to the toe, resulting in near amputation and requiring constructive surgery, when a chipper became unhitched and fell on his toe. The plaintiff and a fellow employee were attempting to pull the chipper from the hitch when the accident occurred. Plaintiff's motorcycle was struck by the defendant's vehicle after the driver failed to yield the RoW at a stop sign.

12 $ 68, CN: Plaintiff 68%; Defense 32% MVA Turning Plaintiff was struck by a truck driven by the defendants employee after the employee make a left turn in front of the plaintiff, causing him to be thrown from his motorcycle. The defendant claimed that the plaintiff was speeding and may have ran a red light. $ - Defense Products Liability Loader $ 18, Settlement Premises Liability Accident at Retail Store $ 111, Plaintiff MVA Multi-Car Plaintiff suffered multiple crushed toes, degloving of the big toe, and lumbar pain resulting from an altered gait and requiring special shoes, when his foot was caught in a skid steer loader, manufactured by the defendant, in the course and scope of his employment with the codefendant. The plaintiff contended that the defendant was negligent for failing to properly design the loader, for negligent operation of the loader, for insufficient warnings of dangerous conditions, for negligent manufacture, and for negligent assembly. The defendants denied negligence and claimed that the plaintiff was negligent for misuse of the loader, and for allowing his foot to get in the way of the loader. Plaintiff suffered an aggravated knee condition and a fractured toe when a toilet seat cover fell on her while she was being shown how to tile floor by an employee of the defendant building supply store (Home Depot). The plaintiff claimed that the defendant was negligent. The defendant alleged that the plaintiff didn't appear to be injured after the incident and that her injuries were preexisting. Plaintiff was rear-ended in a 3-car accident. The defendant admitted negligencce in causing the accident and the case was tried on damages only. The plaintiff's orthopedic surgeon testified that the plaintiff suffered crush injuries with multiple fractures to 2 toes and has been left with a permanent foot injury. The defendant's orthopedic surgeon claimed that the plaintiff does have permanent impairment, but only constituting 2% of the whole body.

13 $ - Defense Premises Liability Fallen Dumpster $ 75, Minor plaintiff was playing outside with some other children in his neighborhood around a heavy industrial-sized dumpster when it fell over after some children were on top of it. The plaintiff suffered Grade III open fractures of the right first metatarsal and proximal phalanx. The plaintiff alleged that the dumpster, because of its size and design, was unreasonably sangerous to children and the dumpster was not positioned in a stable way. The defendant alleged that the parents were negligent for not supervising their child.