| | COUNTY/DOCKET #/JUDGE: Lake / 00-129 / John W. Booth AGE/SEX/OCCUPATION OF PLAINTIFF: 28 / F / Bank Teller CAUSE OF INJURY:
Negligent Security/Bank Robbery. On March 20, 1999, a robber entered
United Southern Bank in Mt. Dora, committed a robbery, murdered one
teller, and shot and paralyzed Plaintiff, another teller. Plaintiff
alleged that the robber chose this bank, after casing the bank and other
banks, because he believed that he could commit the robbery, kill the
tellers, and take the surveillance equipment, which was in plain view on
the manager's desk, in order to conceal his identity. The robber was
caught coming out the manager's office with the VCR in hand. Plaintiff
claimed that Defendant was responsible for designing, proposing and
installing the security system and surveillance system, including the
VCR. Plaintiff further claimed that Defendant failed to install panic
buttons at the teller stations, as well as other security measures,
which rendered the system unreasonably dangerous. Plaintiff alleged that
Defendant misrepresented to the bank the quality and nature of the
security system and that Defendant did not install the system in
accordance with its contract or industry standards. NATURE OF INJURY: Gunshot wound to cervical spine severing spinal cord at C4-C5; quadriplegic. EXPERT WITNESSES: PLAINTIFF'S: Jeffrey Zwirn, Security Alarm, Teaneck, NJ Dan Kennedy, Ph.D., Criminology/Sociology, Troy, MI Gregg McCrary, Criminology, Fredericksburg, VA Paul Deutsch, Vocational Rehabilitation, Orlando Frederick A. Raffa, Ph.D., Economist, Orlando Dianna Harper, M.D., Physiatry, Orlando Mark Dersch, M.D., Urology, Ocala VERDICT:
$26,917,053.51 for Plaintiff on February 14, 2002 ($1,054,507.51 - past
medical expenses; $10,250,000 - future medical expenses; $54,379 - past
lost wages ; $558,167 - future lost earnings; $5,000,000 - past pain
and suffering; $10,000,000 - future pain and suffering). PLAINTIFF'S ATTORNEY'S COMMENTS:
Defendant offered $1,500,000 before trial. This was a bifurcated trial.
The jury found Defendant liable under negligence, breach of implied
warrants, strict liability, and negligent and fraudulent
misrepresentations. |