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NO FLASH DETECTED 
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Case Description:
Settlement: $3,000,000
Court: Orange County, Florida
Judge: Thomas Mihok
Date: October/November 2003
Defense Attorneys: Michael Elsberry
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
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Facts And Allegations
On September 4, 1999, Plaintiff was in the scope and course of his employment as a laborer with a scaffolding company, traveling in a company owned flatbed truck, when a rear tire on the truck burst causing the driver to lose control and roll-over onto its roof. Although the driver and right side passenger slid down into the foot wells and avoided major injuries, Plaintiff, who was wearing the available lap belt, was pinned with his chest on his thighs and suffocated to death. Alters Law Firm Attorney Robert Brown alleged that the tire failed because it had become excessively worn, and was not subject to normal maintenance or inspection. Moreover, Plaintiff alleged that the Defendant was not entitled to worker's compensation immunity because they knew or should have known of the dangerous condition of the tire and failed to take any corrective action. In pre-trial discovery, Mr. Brown was able to obtain multiple complaints by employees of the poor and unsafe condition of the tire and a previous citation issued by FDOT for insufficient tread depth.
Injuries & Damages
Plaintiff died at the scene of the accident. He left a wife and five children.
Result
After a year of intensive litigation, the defendant moved for summary judgment on the issue of workers compensation immunity. The court denied the motion and Defendant appealed by special writ to the district court of appeal. The appellate court dismissed the appeal and the matter was settled for $3 million. |
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Jeremy Alters (View Profile)
