Broken sprinkler led to slip on pool deck, tenant contended
|Dangerous Condition, Premises Liability - Apartment Building, Premises Liability - Tenant's Injury, Premises Liability - Swimming Pool, Slips, Trips & Falls - Slip and Fall|
|Scott Starkey v. Florida Coachman Holdings, LTD., d/b/a Coachman Crossing Apartments, a Florida Limited Partnership, No. 11-4915-CI-15|
|Pinellas County Circuit Court, 6th, FL|
|W. Douglas Baird
- Crystal L. Turner; Puzzanghera Law Offices; Clearwater, FL, for Scott Starkey
- Matthew Cusumano; Physical Medicine; Largo, FL called by: Crystal Turner
- Brian Maiocco M.D.; Orthopedics; Palm Harbor, FL called by: Crystal Turner
- Robynanne Cash-Howard; Vocational Rehabilitation; Tampa, FL called by: Crystal Turner
- Christopher Zimmerman; Slips-Trips-Falls; West Palm Beach, FL called by: Crystal Turner
- James T. Sparkman; Cole, Scott & Kissane, P.A.; West Palm Beach, FL, for Florida Coachman Holdings, Ltd.
- Paul Deutsch Ph.D., C.R.C., C.C.M.; Life Care Planning; Orlando, FL called by: James Sparkman
- Thomas Bolack; Slips-Trips-Falls; Tampa, FL called by: James Sparkman
- Custard Insurance Adjusters for Florida Coachman Holdings, Ltd.
On June 17, 2007, plaintiff Scott Starkey, 33, a mechanic, claimed that he slipped and fell on a wet swimming pool deck after leaving the pool at his apartment complex in Clearwater. Starkey claimed that he injured his right wrist and right shoulder.
Starkey sued the manager and owner of the property, Florida Coachman Holdings, Ltd., d/b/a Coachman Crossing Apartments, a Florida Limited Partnership, for premises liability.
Starkey claimed that a broken sprinkler was causing water to leak on the pool deck. He further claimed that Florida Coachman was aware of the condition. The plaintiff's liability expert testified that the slipping resistance testing conducted by the property owner was outdated and not appropriate.
Defense counsel claimed that the pool's decking surface was adequately slip-resistant and met the required code regulations. He contended that Starkey was comparatively negligent for not being careful and exercising caution while walking on a pool deck.
Starkey went to his doctor after the accident complaining of pain in his right wrist and right shoulder. He was diagnosed with a scaphoid fracture of the wrist and labral tear in the shoulder. A cast was placed on his wrist, which he wore for six weeks. Starkey underwent five months of physical therapy for his shoulder.
Starkey claimed that he was out of work for four months. He claimed that he had limitations with his dominant right hand. He sought to recover damages for past and future pain and suffering, past lost wages, and past and future medical expenses.
Defense counsel argued that Starkey made a good recovery and that he had no further medical treatment after 2008. He also argued that Starkey returned to the same type of work that he did before the accident.
The jury rendered a verdict for the plaintiff, holding Florida Coachman Holdings 60 percent liable and Starkey 40 percent liable. It determined that damages totaled $69,687. Because of comparative negligence, the award was reduced to $41,812.
$19,900 Personal Injury: Past Medical Cost
$12,000 Personal Injury: Future Medical Cost
$22,087 Personal Injury: Past Lost Earnings Capability
$6,700 Personal Injury: Past Pain And Suffering
$9,000 Personal Injury: past inconvenience
This report is based on information that was provided by plaintiff's and defense counsel.