Florida Verdicts

Type:

Verdict-Defendant

State:

Florida

Venue:

Lee County

Court:

Lee County Circuit Court, 20th

Injury Type(s):

Case Type:

Wrongful Death – Motor Vehicle – Truck, Speeding, Visibility, Multiple Impact, Multiple Vehicle

Case Name:

The Estate of Sakelarios Pavlos, a/k/a Nikitas Kleoudis, by and through James P. Hines, Jr., as Personal Representative v. V.H.P. Enterprises, Inc., Michael H. Vavlas, Scott Geisler, Christina Geisler, Amercian Neighbors, Inc., United Parcel Service, Inc., Charles Nathan Alfred Wahlgren, United Rentals, Inc., and Genie Industries, Inc.

Date:

May 1, 2013

Plaintiff(s):

Estate of Sakelarios Pavlos (Male, 40 Years)

Plaintiff Attorney(s):

Christopher P. Jayson;
Jayson, Farthing, Skafidas & Wright, P.A.;
Tampa,
FL,
for
Estate of Sakelarios Pavlos

Defendant(s):

Scott Geisler, 

Christina Geisler, 

Michael H. Vavlas, 

United Rentals Inc., 

Genie Industries Inc., 

Amercian Neighbors Inc., 

V.H.P. Enterprises Inc., 

United Parcel Service Inc., 

Charles Nathan Alfred Wahlgren

Defense Attorney(s):

Robert H. Schwartz;
McIntosh Schwartz, PL;
Fort Lauderdale,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Bruce M Stanley;
Henderson Franklin Starnes & Holt P A;
Fort Myers,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Randy R. Dow;
Page Mrachek Fitzgerald Rose Konopka & Dow;
West Palm Beach,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Wallace C. Von Arx;
Banker Lopez Gassler, P.A.;
Fort Myers,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Pamela J. Hennig;
Butler Pappas Weihmuller Katz Craig, LLP;
Tampa,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ William B. Bracken Jr.;
Bracken, P.A.;
Lakeland,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Charles Buford;
;
Clearwater,
FL,
for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren

Defendent Expert(s):

Don Felicella Accident Reconstruction;
West Palm Beach,
FL for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Tyler Kress Biomechanics;
Knoxville,
TN for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren ■ Barbara Wolf Forensic Pathology;
Leesburg,
FL for
Scott Geisler, Christina Geisler, Michael H. Vavlas, United Rentals Inc., Genie Industries Inc., Amercian Neighbors Inc., V.H.P. Enterprises Inc., United Parcel Service Inc., Charles Nathan Alfred Wahlgren

On Oct. 27, 2007, at 7 a.m., plaintiff’s decedent Sakelarios Pavlos, 40, a painter, was operating a Genie S-80 telescopic manlift on southbound I-75 at the Slater Road overpass in Lee County. A pickup truck driven by Scott Geisler struck the machine’s bucket, causing Pavlos to be ejected from it onto the pavement whereupon another truck ran over his body. Pavlos died on the scene. James P. Hines Jr., acting as personal representative of the Pavlos’ estate, sued Geisler, claiming he was negligent in the operation of his vehicle. The estate also sued Geisler’s wife and business partner, Christina Geisler; the owner of their vehicle, American Neighbors Inc., for which Geisler was conducting business on behalf of at the time of the accident; the driver of the second truck, Charles Nathan Alfred Wahlgren, claiming he was negligent in the operation of his vehicle; Wahlgren’s employer, United Parcel Service Inc., for which he was conducting business on behalf of at the time of the accident; Pavlos’ employer, V.H.P. Enterprises Inc., along with its owner, Michael H. Vavlas, for negligence; the manufacturer of the manlift equipment, Genie Industries Inc.; and the company that leased the equipment to Pavlos’ employer, United Rentals Inc. The estate claimed that Genie Industries was negligent for not having safety devices inside the manlift’s bucket that could have prevented Pavlos from being ejected from it. The estate claimed that United Rentals, as the distributer of the manlift, was vicariously liable. Genie Industries and United Rentals settled for confidential amounts with the estate before trial. V.H.P. Enterprises and Vavlas were dismissed from the suit before trial on summary judgment. The estate claimed Geisler was speeding, failed to keep a proper lookout, and did not keep his vehicle under control. Pavlos had been painting an overpass and was driving his manlift across the highway before the collision occurred. The estate also claimed Wahlgren failed to keep a proper lookout and did not keep his vehicle under control. Defense counsel argued that there was no warning that the 20-foot piece of equipment was going to be operating on the highway on the day of the accident. They also argued that Pavlos was not authorized to drive the manlift across the highway. They argued that Pavlos was at fault due to his being in the middle of the highway in the boom lift in the dark with no warning signs, lights or cones indicating construction work. They also argued that the manlift was equipped with a flashing beacon light that Pavlos did not engage that would have alerted motorists that he was working on the highway. The biomechanical expert for Wahlgren and UPS argued that Pavlos sustained a severe skull fracture after hitting the pavement that was not survivable and was dead before the second vehicle ran over his body.

Pavlos died after hitting the pavement on the highway. His estate sought to recover damages for his surviving wife and three children’s pain and suffering; and loss of financial services. Defense counsel argued that the defendants were not the cause of Pavlos’ death.

The jury ruled that the defendants were not liable for Pavlos’ death.

Judge:

Joseph C. Fuller

Trial Length:

5
 days

Trial Deliberations:

3
 hours

Post Trial:

Plaintiff’s counsel filed a motion for a new trial.

This report is based on information that was provided by defense counsel for United Parcel Service, Charles Nathan Alfred Wahlgren, V.H.P. Enterprises, Michael H. Vavlas and United Rentals. Defense counsel for Scott Geisler, Christina Geisler, American Neighbors declined to comment. Defense counsel for Genie Industries and plaintiff’s counsel did not respond to the reporter’s phone calls.