Florida Verdicts
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$463,100
Type:
Verdict-Plaintiff
State:
Florida
Venue:
Miami-Dade County
Court:
Miami-Dade County Circuit Court
Injury Type(s):
leg-fracture(fracture, tibia); leg(fracture, tibia)
knee knee-medial meniscus; tear
neck-bulging disc; cervical
ankle-fracture; ankle
other-physical therapy surgeries/treatment-arthroscopy
Case Type:
Premises Liability – Apartment Building, Stairs or Stairway, Dangerous Condition, Negligent Repair and/or Maintenance
Case Name:
Rene Cerrato and Tania Benavides v. Dennis Montoya and Martha Rosa,
No. 11-42142 CA-01
Date:
June 17, 2013
Plaintiff(s):
Rene Cerrato (Male, 32 Years),
Tania Benavides (Female, 32 Years)
Plaintiff Attorney(s):
Jeremy Friedman;
The Downs Law Group;
Coconut Grove,
FL,
for
Rene Cerrato, Tania Benavides
Plaintiff Expert(s):
Eric Mills;
M.D.;
Neurosurgery;
Altamonte Springs,
FL called by
Jeremy Friedman
Defendant(s):
Martha Rosa,
Dennis Montoya
Defense Attorney(s):
None reported;
;
for
Martha Rosa, Dennis Montoya
On Dec. 15, 2011, Rene Cerrato, 32, a construction worker, and his wife, Tania Benavides, 32, a daycare worker, were walking up a wooden staircase to go to their Miami apartment when it collapsed, causing them to fall 10 feet to the ground. Cerrato claimed he injured his neck and right knee. Benavides claimed she injured her neck and right ankle. Cerrato and Benavides sued the owners of the property, Dennis Montoya and Martha Rosa, for premises liability. Cerrato and Benavides claimed that they informed the owners that the stairs were in a faulty condition before the accident. They claimed that no repairs were made. Montoya and Rosa failed to answer the complaint and a default judgment was entered.
Cerrato and Benavides were taken by ambulance to Jackson Memorial Hospital in Miami after the accident. Cerrato sustained a disc bulge at C4-5 and a torn medial meniscus in his right knee. He underwent arthoscopic surgery to repair the torn medial meniscus. He underwent eight months of physical therapy. He was out of work for 18 months. Cerrato claimed he has pain in his knee and neck and limitations in doing daily activities. His expert neurosurgeon testified that his injuries were related to the accident and that his surgery was necessary. The expert further testified that he may need future cervical surgery. Benavides sustained a disc bulge at C3-4 and a fractured tibia in her right ankle. She had three months of physical therapy. She was out of work for three months. Benavides claimed she has pain in her ankle that limits activities like house work. The neurosurgery expert testified that her injuries were caused by the accident. Cerrato and Benavides sought to recover damages for past and future medical expenses, past lost wages, and past and future pain and suffering.
The jury found that the negligence of the defendants was the cause of the plaintiffs’ injuries. It determined that Cerrato‘s damages were $405,000 and Benavides’ damages were $58,100. Thus, the total award was $463,100.
Tania Benavides$2,300 Personal Injury: Past Medical Cost$2,300 Personal Injury: Future Medical Cost$3,500 Personal Injury: Past Lost Earnings Capability$50,000 Personal Injury: Past Pain And SufferingRene $85,000 Personal Injury: Past Medical Cost$40,000 Personal Injury: Future Medical Cost$30,000 Personal Injury: Past Lost Earnings Capability$250,000 Personal Injury: Past Pain And Suffering
Judge:
Victoria Sigler
Trial Length:
3
days
Trial Deliberations:
4
hours
This report is based on information that was provided by plaintiffs’ counsel. The defendants were not asked to contribute.