Florida Verdicts

Plaintiff(s):

Deborah Porter Cahill (Female, 54 Years)

Plaintiff Attorney(s):

Thomas D. Roebig Jr.;
Florin Roebig, P.A.;
Palm Harbor,
FL,
for
Deborah Porter Cahill ■ Nicholas L. Ottaviano;
Florin Roebig, P.A.;
Palm Harbor,
FL,
for
Deborah Porter Cahill

Plaintiff Expert(s):

John Woeste;
M.D.;
Pain Management;
Jacksonville,
FL called by
Thomas D. Roebig Jr., Nicholas L. Ottaviano ■ Robert Hurford;
M.D.;
Orthopedic Surgery;
Jacksonville,
FL called by
Thomas D. Roebig Jr., Nicholas L. Ottaviano ■ Richard Boehme;
M.D.;
Neurology;
Jacksonville,
FL called by
Thomas D. Roebig Jr., Nicholas L. Ottaviano

Defendant(s):

Target Corporation

Defense Attorney(s):

William T. Stone;
Saalfield, Shad, Stokes, Inclan, Stoudemire & Stone, P.A.;
Jacksonville,
FL,
for
Target Corporation ■ Dana Aubrey Jacobs;
Saalfield Shad, PA;
Jacksonville,
FL,
for
Target Corporation

Defendant Expert(s):

Chaim Rogozinski;
Orthopedic Surgery;
Jacksonville,
FL called by
Dana Aubrey Jacobs

On May 27, 2009, plaintiff Deborah Porter Cahill, 54, unemployed, alleged that as she was shopping at a Target store in Jacksonville, a Target employee pushed a merchandise cart overloaded with products into her shopping, cart causing her to fall to the ground. Cahill claimed she injured her back. Cahill sued Target Corporation for negligence. Cahill claimed Target failed to maintain its premises in a reasonably safe condition. Cahill claimed she was stopped in the store’s baby section when the Target employee rapidly and negligently pushed the merchandise cart, without proper lookout or warning, before the cart collided into hers. The plaintiff claimed the force of the collision caused the handle of her shopping cart to unexpectedly and violently jolt into her body, causing her to fall. She claimed Target negligently failed to properly train and supervise the employee and failed to institute a proper safety protocol for the safe movement of merchandise throughout the store by their employees. The defense argued that Target was not negligent and that the store had proper safety protocols in place. The defense disputed Cahill’s claim she was stopped and not pushing her cart at the time of the accident. The defense claimed Cahill was pushing her cart in an aisle in the store and turned around a corner and impacted with the Target employee’s cart. The defense claimed neither the Target employee nor Cahill saw each other before their carts impacted.

Cahill was presented to an emergency room a day after the accident with complaints of pain in her neck and lower back. Cahill had x-rays taken and was discharged with instructions to follow up with an orthopedist. Cahill was ultimately diagnosed with herniated discs at the C6-7 and L3-4 spinal levels. Cahill underwent a cervical fusion at C6-7 and discectomy at L3-4. Cahill claimed she continued to have pain, and walking and bending limitations. Cahill sought recovery of damages for past and future medical expenses; and for past and future pain and suffering. The defense’s orthopedic expert opined that Cahill’s neck and lower back injuries were not related to the accident. He noted that Cahill had a subsequent accident after the Target incident. He opined that an MRI taken after the Target incident but before the subsequent accident showed no evidence of trauma in the cervical area she claimed was injured. He further opined that Cahill’s need for neck surgery was not caused by Target accident. Regarding Cahill’s lumbar injury, he opined that Cahill had a pre-existing history of lower back complaints not caused by the accident.

The jury found there was no negligence on the part of the defendant which was a legal cause of the plaintiff’s injuries.

Judge:

Harvey E. Schlesinger

Trial Length:

4
 years

Trial Deliberations:

90
 minutes

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