Florida Verdicts
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Amount:
$1,316,326
Type:
Verdict-Plaintiff
State:
Florida
Venue:
Federal
Court:
U.S. District Court, Southern District, Fort Lauderdale
Injury Type(s):
arm-fracture;
arm-fracture, humerus;
elbow-biceps tendon, tear;
other-plate; other-sutures; other-physical therapy; other-pins/rods/screws; other-cortisone injections; shoulder-fracture;
shoulder-rotator cuff (subscapularis muscle, tear);
surgeries/treatment-arthroscopy
Case Type:
Slips, Trips & Falls – Trip and Fall; Premises Liability – Dangerous Condition, Negligent Repair and/or Maintenance
Case Name:
Joyce D. Higgs v. Costa Crociere S.P.A. Company,
No. 15-cv-60289-JIC
Date:
March 4, 2016
Plaintiff(s):
Joyce D. Higgs (Female, 67 Years)
Plaintiff Attorney(s):
Robert A. Chaffin;
The Chaffin Law Firm;
Houston,
TX,
for
Joyce D. Higgs ■ Nicholas A. Homan;
The Chaffin Law Firm;
Houston,
TX,
for
Joyce D. Higgs ■ Angela Valentina Arango-Chaffin;
The Chaffin Law Firm;
Miami,
FL,
for
Joyce D. Higgs ■ James Higgs;
Stein & Higgs;
Mount Pleasant,
MI,
for
Joyce D. Higgs
Plaintiff Expert(s):
Walter McClelland; M.D.; Orthopedics; Atlanta,
GA called by:
Robert A. Chaffin, Nicholas A. Homan, Angela Valentina Arango-Chaffin, James Higgs ■ Randall Jaques; Boats; Miami,
FL called by:
Robert A. Chaffin, Nicholas A. Homan, Angela Valentina Arango-Chaffin, James Higgs
Defendant(s):
Costa Crociere S.P.A. Company
Defense Attorney(s):
Richard J. McAlpin;
McAlpin Conroy, PA;
Miami,
FL,
for
Costa Crociere S.P.A. Company ■ Adria G. Notari;
McAlpin Conroy, P.A.;
Miami,
FL,
for
Costa Crociere S.P.A. Company
Defendant Expert(s):
Bryan Emond;
Marine;
Ft. Lauderdale,
FL called by:
Richard J. McAlpin, Adria G. Notari
Insurer(s):
P&I Club of London for Costa Crociere S.P.A. Company
On Dec. 24, 2014, plaintiff Joyce D. Higgs, 67, retired, alleged she tripped and fell on a cleaning bucket aboard a cruise ship in the eastern Caribbean at Grand Turk. Higgs claimed she injured her left arm and shoulder. Higgs sued Costa Crociere S.P.A. Company, owner of the cruise ship, for negligence. Higgs’ counsel claimed Higgs tripped while walking from the ship’s breakfast buffet toward her daughter’s table. Higgs alleged the cruise ship failed to properly maintain the vessel in a reasonably safe condition. Higgs’ maritime safety expert opined that he physically inspected the subject ship’s dining area. He opined that using cleaning buckets full of water instead of spray bottles violated cruise ship industry standards. He also opined that storage cabinets were readily available and should have been used to store the buckets and keep them out of paths where passengers walk. He further opined that yellow warning signs should have been used to warn of any buckets left in paths where passengers walk. Defense counsel for Costa Crociere denied negligence. The defense argued that Higgs could not prove she tripped on a bucket aboard the ship. Defense counsel argued that Higgs could not even identify what exactly caused her fall. Finally, the defense argued that Higgs assumed it was a trip on the bucket, but in actuality Higgs was simply not looking down and was not paying attention to where she was stepping.
Higgs sustained a displaced proximal humerus fracture of her left non-dominant arm, a dislocated humerus head, torn left rotator cuff, and torn left bicep tendon. Higgs underwent open reduction internal fixation surgery with plate and 12 screws implanted to repair the humerus fracture. She also underwent arthroscopic surgery to repair her rotator cuff, and had sutures to repair torn the bicep tendon. Higgs additionally underwent six months of physical therapy via twice weekly sessions. In addition, she received three cortisone injections in her shoulder. Higgs claimed residual pain and limitations performing activities of daily living, including household chores. Higgs’ treating orthopedist opined her injuries were caused by the subject accident. Higgs sought to recover damages for past medicals and past/future pain and suffering. Higgs’ counsel suggested the jury award $500,000. Defense counsel argued that Higgs did not suffer a permanent injury. The defense claimed video surveillance of Higgs showed that she had no physical limitations.
The jury found Costa Crociere S.P.A. Company 85 percent liable and Joyce D. Higgs 15 percent. The jury determined that Higgs’ damages totaled $1,316,326. Because of comparative negligence, the award was reduced to $1,118,877.
Joyce D. Higgs: $16,326 Personal Injury: Past Medical Cost; $500,000 Personal Injury: past general damages; $800,000 Personal Injury: future general damages
Actual Award:
$1,118,877
Judge:
James I. Cohn
Demand:
$100,000
Offer:
$40,000
Trial Length:
4
days
Trial Deliberations:
3
hours
Jury Composition:
1 male/ 7 female
This report is based on information that was provided by plaintiff’s and defense counsel.