CASE REPORT/SUMMARY

Style of Case:

TERRY SAYER v. LAKESHORE 8 CONDOMINIUM ASSOCIATION, INC.

Court and Case No.:

Suit was filed in the Eleventh Judicial Circuit in and for Dade County, Florida. Case Number 00-25081 CA 06

Trial Judge:

Judge Amy Dean

Trial Date:

Settled prior to trial. Settled August 10, 2001

Plaintiff’s Attorney:

Mitchell J. Panter from the Law Firm of Panter, Panter & Sampedro, P.A.

Defendant’s Attorney:

Brian S. Keif from Law Office Hugh J. Behan, Hollywood, Florida.

Description of Liability Aspect of Case:

Terry Sayer was a 35 year old man employed as a security guard at the Defendants Condominium. On April 25, 1999, the air curtain installed by the Defendants fell down and struck the plaintiff on his neck, back and shoulder. Through discovery it was revealed that the unit was improperly installed directly into the drywall without any fastening devices.

Description of Plaintiff:

Terry Sayer was 35 years old at the time of the loss. He was employed as a Security Guard with Wells Fargo/Burns International.

Description of Injuries:

Mr. Sayer suffered a herniated disc at C6-7 which required Anterior Cervical Discectomy and Fusion with Allograft and Plating at C6-7.

Treating Doctors:

Mr. Sayer was operated on by Dr. Anthony Hall, Neurosurgeon.

Defense of this Claim:

The Defense alleged Comparative Negligence (Summary Judgement was granted on this issue), negligence of others (Summary Judgment was pending on this matter- it was discovered immediately prior to settlement that the Defendants employees installed the air curtain). Finally, the defendants alleged aggravation of a previous condition and furthermore, that the Plaintiff made a remarkable recovery, which he did.

Lost Wages:

There was no substantial claim for lost wages. Due to Plaintiffs great recovery, he only lost a few months of work for a nominal amount.

Expert Witnesses:

Plaintiff hired Bernard Gerstman, Ph.D., Physicist to establish the weight, speed and velocity of the falling air curtain. A video recreation was made to recreate the accident itself and the surgical procedure. A local Air Conditioning Repairman was also retained to establish the industry standards for installing air curtains.

Jury Verdict/Settlement:

This case was settled after mediation for $162,500.00.

Due to the great recovery of the plaintiff and lack of any substantial future medical care and/or treatment the case was resolved prior to trial.