Florida Verdicts

Plaintiff(s):

Donald Ogletree (Male, 79 Years), 

Jeanette Ogletree (Female, 74 Years)

Plaintiff Attorney(s):

William A. Norton;
Searcy Denney Scarola Barnhart & Shipley, PA;
Tallahassee,
FL,
for
Donald Ogletree, Jeanette Ogletree ■ Cameron M. Kennedy;
Searcy Denney Scarola Barnhart & Shipley P.A.;
Tallahassee,
FL,
for
Donald Ogletree, Jeanette Ogletree

Plaintiff Expert(s):

George Zimmerman;

Building Codes;
Wellington,
FL called by
William A. Norton, Cameron M. Kennedy ■ Snehal Dalal;
M.D.;
Orthopedics;
Duluth,
GA called by
William A. Norton, Cameron M. Kennedy

Defendant(s):

The Summit Owners Association, Inc.

Defense Attorney(s):

Clifford W. Sanborn III;
Barron & Redding;
Panama City,
FL,
for
The Summit Owners Association, Inc.

Defendant Expert(s):

Michael McCormick;
Orthopedics;
Englewood,
FL called by
Clifford W. Sanborn III

On Oct. 21, 2010, plaintiff Jeanette Ogletree, 74, retired, alleged she tripped and fell over a ramp in a designated handicapped parking space at The Summit A Condominium in Panama Beach. Ogletree claimed she injured her left shoulder. Ogletree sued the complex’s operator, The Summit Owners Association, Inc., for negligence. Ogletree claimed she walked around the car to the passenger rear door to get a bottle of water for the trip back to the couple’s home in Georgia. Ogletree claimed after closing the door, she turned around and walked to the rear of the car to check the trunk. Ogletree claimed she tripped over the handicapped ramp which extended into the parking space, and alleged that the handicapped ramp area was a dangerous condition that created a tripping hazard. Ogletree alleged her fall was caused by an improperly constructed handicapped parking space and ramp, and alleged that the condominium had built the handicapped ramp without use of a licensed contractor and without any permit. Ogletree’s building codes expert opined that regulations require that any vehicle parked in a handicapped space must be afforded an area without obstruction to allow for the handicapped person, and their aides, to enter and exit the vehicle without worrying about trip hazards. He further opined the construction of the ramp violated virtually every written code and specification. He further noted that parking in the condominium’s handicapped space required driving over the ramp in order to place the car in the space. He opined that the ramp should not have been placed in the parking space. The defense denied the handicapped ramp was a dangerous condition. The defense argued that the handicapped ramp was clearly marked and there had been no history of falls since it was built. The defense also argued comparative negligence asserting that Ogletree should have seen the ramp and that her injuries were largely her own fault because of her inattention.

Ogletree declined to go to a local hospital for treatment after the accident. Ogletree claimed she feared she would be admitted to the hospital far from home with no one to care for her disabled husband. Ogletree and her husband returned to Georgia where she went to an emergency room with complaints of pain in her left shoulder. Ogletree was ultimately diagnosed with a comminuted left humeral-head fracture of her non-dominant left arm. In 2011, Ogletree underwent a partial shoulder replacement. Ogletree claimed she continued to have pain and underwent two additional surgical procedures in 2012. Ogletree claimed she continued to experience pain, decreased range of motion and lifting limitations, and limitations performing house work and difficulty caring for her disabled husband. Ogletree’s treating orthopedist recommended she have a future total shoulder replacement. Ogletree claimed she has required intensive pain management treatment since the accident. Ogletree sought to recover damages for past and future medicals expenses; and for past and future pain and suffering. Ogletree’s husband Donald Ogeltree joined the action on a consortium claim. The plaintiffs’ counsel suggested the jury award $780,000. The defense’s expert orthopedist argued that some of Ogletree’s shoulder complaints were the result of the normal aging process and other accidents. He noted that Ogletree had tripped and fallen about six times prior and after the subject accident. He also opined that Ogletree’s need for a total shoulder replacement was in part due to a torn rotator cuff that happened more than a year after the subject accident.

The jury found the defendant 100 percent negligent. The jury determined that Jeanette Ogletree’s damages totaled $330,000. It also determined that Donald Ogletree’s damages totaled $75,000. Thus, the total award was $405,000.

Donald Ogletree: $75,000 Personal Injury: loss of consortium; Jeanette Ogletree: $25,000 Personal Injury: Past Medical Cost; $75,000 Personal Injury: Future Medical Cost; $80,000 Personal Injury: Past Pain And Suffering; $150,000 Personal Injury: Future Pain And Suffering

Judge:

Hentz McClellan

Trial Length:

5
 days

Trial Deliberations:

4
 hours

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