Florida Verdicts

Type:

Verdict-Defendant

State:

Florida

Venue:

Seminole County

Court:

Seminole County Circuit Court, 18th

Injury Type(s):

Case Type:

Government – Counties; Slips, Trips & Falls – Trip and Fall; Dangerous Condition of Public Property

Case Name:

Svitlana V. Drozdovska v. Seminole County, Florida; Robert Brown dba Tree Tech Inc.; Lake of the Woods Homeowners Association Inc.; and Waste Management Inc. of Florida,
No. 2012CA004714

Date:

May 10, 2017

Plaintiff(s):

Svitlana V. Drozdovska (Female, 58 Years)

Plaintiff Attorney(s):

David B. Russell;
Pappas & Russell;
Daytona Beach,
FL,
for
Svitlana V. Drozdovska

Plaintiff Expert(s):

David Petersen; M.D.; Orthopedic Surgery; Clearwater,
FL called by:
David B. Russell

Defendant(s):

Robert Brown, 

Seminole County, Florida, 

Waste Management Inc. of Florida, 

Lake of the Woods Homeowners Association Inc.

Defense Attorney(s):

David R. Kuhn;
Rissman, Barrett, Hurt, Donahue, & McLain, P.A.;
Orlando,
FL,
for
Seminole County, Florida ■ None reported;

for
Robert Brown, Waste Management Inc. of Florida, Lake of the Woods Homeowners Association Inc.

Defendant Expert(s):

Craig Jones;
Orthopedics;
Orlando,
FL called by:
David R. Kuhn

On Jan. 30, 2012, plaintiff Svitlana Drozdovska, 58, was walking on a sidewalk adjacent to Lake of the Woods Boulevard, in Casselberry, when she tripped on a cracked portion of the sidewalk and fell to the ground. Drozdovska claimed injuries to her right knee. Drozdovska sued Seminole County, alleging that it was responsible for a dangerous and defective condition on public property. Robert Brown (doing business as Tree Tech Inc.), Lake of the Woods Homeowners Association Inc., and Waste Management Inc. of Florida were also initially named as defendants, but they were ultimately let out of the case. Thus, the matter continued against Seminole County only. Plaintiff’s counsel contended that Seminole County was aware of the sidewalk’s dangerous condition because the county had inspected the sidewalk in 2009. Thus, counsel argued that the county was negligent in failing to repair the damaged portion of the sidewalk, which enabled Drozdovska to fall. Seminole County’s counsel argued that Drozdovska fell due to her own inattentiveness and that the alleged defect was an open and obvious condition. The county’s counsel also argued that while a 2009 inspection determined that a portion of the sidewalk required repairs, Drozdovska’s fall occurred outside of that area.

Drozdovska claimed that she sustained a partial tear of a lateral meniscus in her right knee, as well as a soft tissue injury to the underside of her right kneecap. She subsequently presented an emergency room of a local hospital shortly after the fall and ultimately underwent a meniscectomy to repair the damage. She then followed up with physical therapy. Drozdovska claimed that she continues to suffer leg pain and that her treating orthopedic surgeon believes that she will require a knee replacement in the future. The plaintiff’s treating orthopedic surgeon opined that Drozdovska’s meniscus injury was traumatically induced by the sidewalk fall. He also confirmed that Drozdovska would likely require a partial knee replacement in the future. Thus, Drozdovska sought recovery of $250,000 in total medical expenses and an unspecified amount of damages for her past and future pain and suffering. Seminole County’s counsel argued that Drozdovska’s partial meniscus tear was due to degeneration and not because of trauma. The defense’s expert orthopedist opined that Drozdovska’s meniscal tear was degenerative and that she would not require future surgery. He also found that Drozdovska’s kneecap injury was unrelated to the fall.

The jury rendered a defense verdict.

Judge:

Jessica Recksiedler

Demand:

None reported

Offer:

$50,000

Trial Length:

3
 days

Trial Deliberations:

1
 hours

Jury Vote:

Unanimous

This report is based on information that was provided by defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.