Defendants Cleared in Pedestrian's Fall on Highway Storm Drain
A fall on a highway storm drain produced no damages in a verdict for the defense.
January 07, 2019 at 04:42 PM
1 minute read
NEGLIGENCE
INDIAN RIVER CIRCUIT COURT
A defense verdict was reached when a jury decided there was no negligence that was a legal cause of injury to a 54-year-old truck driver whose foot got stuck in a storm drain on a highway. Thomas Bates fell and claimed shoulder and elbow injuries. He claimed he could not see the drain due to excessive vegetation on top of it.
The defense for Indian River County, the state and a highway contractor disputed whether Bates' photos of the drain were accurate and contended he should have been more careful while walking in an area not intended for pedestrians. The defense's orthopedic expert also opined the shoulder injury was degenerative.
Case: Bates v. De Moya Group
Case No.: 2015 CA 000156 Plaintiffs attorney: R. Evan Bassett, Salter, Healy, Bassett & Rivera, St. Petersburg
Defense attorneys: Paul R. Berg; Vocelle & Berg, Vero Beach; Jaime E. Campos and George L. Fernandez, Quintairos, Prieto, Wood & Boyer, Miami
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