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Published By: Mitchell Lipcon & Charles Lipcon, Edited Br: Barbara Lipcon, Editorial Assistant: Teresa Bail

Dade County

ROBERT RAMIREZ as Personal Representative of the Estate of his lather, ROBERTO RAM1REZ, deceased vs. CAMPTON ASSOCIATES LTD. (Dade County Case No. 97-02533, Judge Fredricka Smith).

Plaintiffs Attorney: MITCHELL PANTER

Defendant’s Attorney: MITCHELL LUNDEEN

April 30, 1998

PREMISE LIABILITY

Fall from porch. Robert Ramirez was a tenant at the defendant’s premises on South Beach. He sat out on his porch, which was elevated approximately four steps off the ground. Plaintiff claimed that the porch had a faulty railing on one side and no railing on the other side. As the deceased was talking to his friend, he leaned back, in his chair, and fell off of the unprotected side of the porch. Deceased struck his head on a concrete planter which was immediately adjacent to the porch. Deceased was treated at JACKSON MEMORIAL HOSPITAL trauma unit. He ultimately died from the head injury. Deceased, 71, at time of death, was survived by three adult children. Defendant claimed that the decedent had been drinking alcohol and that there were no code violations related to the building or the railings. Plaintiff’s Expert Witness was Architect Engineer, RONALD-ZOLLO. The case was settled prior to trial.

Settled before trial: $150,000.00