Florida Verdicts

Plaintiff(s):

Carlos J. Colman, Sr. (Male, 50 Years)

Plaintiff Attorney(s):

Gregory A. Deutch;
Rubenstein Law Firm;
Miami,
FL,
for
Carlos J. Colman, Sr. ■ Anthony J. Soto;
Rubenstein Law Firm;
Miami,
FL,
for
Carlos J. Colman, Sr.

Plaintiff Expert(s):

Kingsley Chin; M.D.; Orthopedics; Fort Lauderdale,
FL called by:
Gregory A. Deutch, Anthony J. Soto

Defendant(s):

Home Depot U.S.A., Inc.

Defense Attorney(s):

Daniel J. Santaniello;
Luks, Santaniello, Petrillo & Jones;
Boca Raton,
FL,
for
Home Depot U.S.A., Inc. ■ Yamile Tamargo;
Luks, Santaniello, Petrillo & Jones;
Boca Raton,
FL,
for
Home Depot U.S.A., Inc. ■ Dexter Romanez;
Luks, Santaniello, Petrillo & Jones;
Miami,
FL,
for
Home Depot U.S.A., Inc.

Defendant Expert(s):

Thomas Roush;
Orthopedics;
Lake Worth,
FL called by:
Daniel J. Santaniello, Yamile Tamargo, Dexter Romanez ■ Rolando Garcia;
Orthopedics;
Aventura,
FL called by:
Daniel J. Santaniello, Yamile Tamargo, Dexter Romanez

Insurer(s):

self-insured for Home Depot U.S.A., Inc.

On Aug. 11, 2011, Carlos J. Colman, Sr., 50, a construction worker, alleged an industrial shopping cart loaded with lumber struck him as he exited a Home Depot store in Miami. Coleman claimed he injured his neck and back. Colman sued Home Depot U.S.A., Inc. for negligence. Colman’s counsel alleged he purchased a large amount of lumber. Colman alleged the wheels of the shopping cart got stuck in the threshold at the store’s exit and, caused the cart to jerk-back and to shoot directly into his chest, left shoulder, cervical, thoracic, and lumbar spinal areas. Colman’s counsel alleged Home Depot was negligent in the loading of an unstable cart, negligent for creating a dangerous condition by improperly loading the cart, and negligent in allowing him to use the improperly loaded cart as he exited the store. Defense counsel for Home Depot denied negligence, arguing that Colman was comparatively negligent because he chose to push the wood boards forward. The defense argued that Colman should have been careful pushing the cart with the wood contents. Defense counsel further noted that Colman was an experienced construction worker with nearly 20 years in the business. Finally, Home Depot argued that Colman was familiar with safety measures regarding the packing and transporting of wood building materials, such as those he purchased.

Colman was treated at the scene by fire rescue personnel before being transported by ambulance to Aventura Hospital’s emergency room. Colman complained of pain in the right side of his chest and rib cage. He had X-rays and was discharged. Colman presented to a chiropractor three days later, where he complained of excruciating pain in his neck, middle back, lower back, left shoulder, and chest area. Colman was ultimately diagnosed with a cervical disc herniation at C5-6, a lumbar disc herniation at L5-S1, and a shoulder impingement of his left non-dominant shoulder. Colman treated conservatively, with physical therapy, for his shoulder claim. He also treated conservatively for his neck complaint and received two epidural injections and prescription pain medication. Colman continued to complain of pain and ultimately underwent an anterior cervical discectomy with a total disc arthroplasty at C5-6. He also underwent a lumbar decompression with interspinous fixation and fusion at L5-S1 to resolve the disc herniation. Colman claimed permanent limitations performing activities of daily living, including the inability to run or walk without a significant limp. Colman’s treating doctors opined his injuries were caused by the subject incident. They also opined that Colman had no prior medical treatment on his neck or back before the Home Depot incident. Colman sought to recover damages for past/future medicals and past/future pain and suffering. Colman’s counsel suggested the jury award $320,000 for past medicals, $200,000 future medicals, and $1 million in past/future pain and suffering. The defense’s orthopedist expert opined that Colman’s neck and back complaints were not caused by the accident. He opined that Colman had degenerative disc disease and that CT films at the emergency room did not demonstrate any acute spinal injury.

The jury found there was negligence on the part of Home Depot U.S.A., Inc., which was a legal cause of injury to Carlos J. Colman, Sr. The jury also found negligence on the part of Colman, Sr. which was a legal cause of his own injury. The jury found Home Depot 50 percent liable and Colman, Sr. 50 percent. The jury determined that Colman Sr.’s damages totaled $328,000. Because of comparative negligence, the award was reduced to $164,000.

Carlos J. Colman, Sr.: $90,000 Personal Injury: Past Medical Cost; $47,500 Personal Injury: Future Medical Cost; $108,000 Personal Injury: Past Pain And Suffering; $82,500 Personal Injury: Future Pain And Suffering

Actual Award:

$164,000

Judge:

Ursula Ungaro

Demand:

$500,000

Offer:

$225,000

Trial Length:

5
 days

Trial Deliberations:

3
 hours

Jury Composition:

4 male/ 4 female

Post Trial:

Home Depot U.S.A., Inc. filed a motion to reduce the verdict award by the total amount of defense costs and fees.

This report is based on information that was provided by plaintiff’s counsel and defense counsel.