Florida Verdicts
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Amount:
$100,000
Type:
Verdict-Plaintiff
State:
Florida
Venue:
Orange County
Court:
Orange County Circuit Court, 9th
Injury Type(s):
head-ear; neck; burns; burns-first degree; burns-second degree; shoulder; epidermis-blister; face/nose-face; surgeries/treatment-debridement
Case Type:
Products Liability – Design Defect, Strict Liability; Premises Liability – Negligent Assembly or Installation, Negligent Repair and/or Maintenance, Dangerous Condition of Public Property
Case Name:
Brenda Soto, as natural parent and legal guardian of Faith Oquendo, a minor, v. Orlando Utilities Commission, and ABB DE, Inc.,
No. 11-CA-10150-0
Date:
July 8, 2015
Plaintiff(s):
Brenda Soto (Female),
Faith Oquendo (Female, 3 Years)
Plaintiff Attorney(s):
Alan Stagmeier;
Morgan & Morgan, PA;
Orlando,
FL,
for
Brenda Soto, Faith Oquendo
Defendant(s):
ABB DE, Inc.,
Orlando Utilities Commission
Defense Attorney(s):
Steven R. Adamsky;
Mitrani, Rynor & Adamsky, PA;
Weston,
FL,
for
ABB DE, Inc. ■ Dennis R. O’Connor;
O’Connor & O’Connor, LLC;
Winter Park,
FL,
for
Orlando Utilities Commission
Insurer(s):
self insured: Orlando Utilities Commission, and ABB DE, Inc.
On May 20, 2013, plaintiff Faith Oquendo, 3, was riding her bicycle near a utility transformer in front of her home in Orlando when the transformer exploded, spraying burning hot oil on the child. Faith suffered burns to her face, neck and left shoulder. Brenda Soto, as natural parent and legal guardian of Faith, sued Orlando Utilities Commission (OUC), the owner of the 50 KVA pad-mounted transformer, for negligence. Soto also sued was ABB DE, Inc., which designed and manufactured the transformer. Soto alleged the transformer was negligently designed by ABB DE, Inc. Soto claimed the transformer was defective and unreasonably dangerous to the public and to ultimate users or operators at the time it was being sold and distributed by ABB DE. Plaintiff’s counsel alleged ABB DE placed the subject transformer on the market with knowledge that it would be used without inspection for defects. Soto further claimed the subject transformer has a welded, threaded lifting boss on each side of the upper portion of the oil-filled transformer reservoir, and that the lifting bosses allow for the penetration of the threaded lifting bolts into the reservoir. Plaintiff’s counsel alleged the resulting hole(s) in the reservoir wall permits the uncontrolled release of hot transformer oil into the environment, which creates a hazard to public safety. Further, Soto’s counsel alleged the subject transformer was defective because its reservoir wall area directly behind the threaded lifting bosses is not reinforced or guarded so as to prevent or reduce the risk of penetration of the oil-filled reservoir. What’s more, Soto also alleged the transformer’s reservoir wall area directly behind the threaded lifting bosses is not equipped with any mechanical means to prevent the lifting bolt from contacting the surface of and penetrating the oil-filled reservoir. Finally, Soto alleged Orlando Public Utilities (OPU) was negligent for puncturing the wall of the transformer when its workers installed it. Orlando Utilities Commission argued that ABB DE was solely responsible because it manufactured a defective product in that it permitted OPU to puncture the wall of the transformer, when ABB DE had been using an alternative design for years that didn’t allow the wall to be punctured when it was being installed. ABB DE denied there was a prior design change as alleged by the Orlando Utilities Commission. Prior to trial, Orlando Utilities Commission and ABB DE jointly conceded liability and causation. The trial proceeded on the issue of Faith’s past and future pain and suffering damages.
Faith was transported by ambulance to the trauma center at the Arnold Palmer Hospital for Children. She sustained first-degree and second-degree flash burns to her entire face, left ear, anterior portion of her neck and some vesicles, and left shoulder. Faith also suffered blisters on her left shoulder. Faith was treated with Garamycin ointment, and provided pain relief consisting of acetaminophen, Tylenol, and morphine sulfate. Faith’s wounds were also cleaned and debrided to remove dead skin. She was also given a topical antibiotic cream to keep the wounds from getting infected. Faith was discharged the next day into the care of her parents. Faith’s burns were completely healed within two months of the accident. She had some residual, skin pigmentation discoloration for another 10 months. Faith was left with no physical scars nor disfigurement. Faith had medical bills of about $17,000. Faith only sought to recover damages for past and future pain and suffering. The defense argued that Faith made a rapid, remarkable recovery from her injury. Defense counsel argued that Faith was completely healed in two months, following the accident, with no residual skin discoloration or scars.
The jury determined that Faith Oquendo’s damages totaled $100,000. Orlando Utilities Commission and ABB DE, Inc. will each pay $50,000 of the award.
Faith Oquendo: $85,000 Personal Injury: Past Pain And Suffering; $15,000 Personal Injury: Future Pain And Suffering
Judge:
Janet C. Thorpe
Trial Length:
2
days
Trial Deliberations:
3
hours
This report is based on information that was provided by plaintiff’s counsel. Defense counsel for Orlando Utilities Commission, and ABB DE, Inc. did not respond to the reporter’s phone calls.