Florida Verdicts

Plaintiff(s):

Terry Tallent (Male, 48 Years), 

Barbara Tallent (Female)

Plaintiff Attorney(s):

Joseph E. Parrish;
The Parrish Law Firm, P.A.;
Brandon,
FL,
for
Terry Tallent, Barbara Tallent

Defendant(s):

Pilot Travel Centers, LLC

Defense Attorney(s):

Joseph A. Kopacz;
Luks Santaniello Petrillo & Jones;
Hillsborough,
FL,
for
Pilot Travel Centers, LLC ■ Anthony J. Petrillo;
Luks Santaniello Petrillo & Jones;
Hillsborough,
FL,
for
Pilot Travel Centers, LLC

On Jan. 22, 2007, plaintiff Terry Tallent, 48, a truck driver, slipped and fell on a diesel fuel spill on the ground at a Pilot’s service station in Punta Gorda. Tallent claimed he injured his left shoulder, lower back and left knee. Tallent sued the owner and operator of the service station, Pilot Travel Centers, LLC, for negligence. Tallent claimed the defendant failed to maintain the premises in a reasonably safe condition and failed to warn him of the dangerous condition of the fuel spill. Tallent claimed after arriving at the service station he parked in the parking lot and exited his truck; as he approached the Pilot store he slipped and fell in the fuel spill. Tallent claimed the defendant had knowledge of the spill but negligently failed to place "caution tape" around the spill; and that the spill was more than 20 gallons and spread at least 40 feet from its origin at the gas pump lane. Tallent also claimed the defendant was negligent for failing to place kitty litter, booms or pads to contain such a large spill. Defense counsel argued that the diesel fuel spill was caused by an unknown trucker minutes before Tallent pulled into the parking lot. Defense counsel claimed Tallent was aware of the spill and that he slipped after walking in the area of the parking lot several times, and that barrels had been placed to barricade the area. Defense counsel also claimed it takes between a half hour to an hour to effectively clean the area. Defense counsel argued that Tallent was the sole cause of the accident.

Tallent drove his tractor trailer loaded with vehicles from Punta Gorda to Laurel, Mississippi after the accident. Tallent presented to an emergency room one week after the incident complaining of pain in his left, non-dominant shoulder, lower back and left knee. Tallent was ultimately diagnosed with rotator cuff tear of supraspinatus muscle in left shoulder; medial meniscus tear of left knee; and lumbar radiculopathy traveling down both legs. Tallent underwent two arthroscopic shoulder surgeries; two sacroiliac joint surgeries; and arthroscopic surgery on left knee. Tallent claimed he was unable to return to his truck driver’s job because of pain, and claimed limitations in lifting, walking and bending Tallent sought to recover damages for past and future medical expenses; past and future lost earnings; and past and future pain and suffering. Tallent’s wife Barbara Tallent joined the action on a consortium claim. Tallent’s counsel suggested the jury award $2 million. The defense argued that Tallent’s injuries were pre-existing and not related to the accident.

The jury found there was negligence on the part of the defendant which was legal cause of injury to the plaintiff. The jury also found there was negligence on the part of the plaintiff. The jury found the defendant 65 percent negligent and the plaintiff 35 percent negligent. The jury determined that Terry Tallent’s damages totaled $64,000. It also determined that Tallent’s wife’s damages totaled $4,500. Thus the total award was $68,500. Because of comparative negligence the award was reduced to $44,525.

Barbara Tallent: $4,500 Personal Injury: loss of consortium; Terry Tallent: $15,000 Personal Injury: Past Medical Cost; $40,000 Personal Injury: Future Medical Cost; $9,000 Personal Injury: Past Pain And Suffering

Actual Award:

$44,525

Judge:

Donald H. Mason

Trial Length:

3
 days

Trial Deliberations:

2
 hours

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