(30) WILLIAM NEVERS vs. ELECTRIC MOBILITY CORP.

COUNTY/DOCKET #/JUDGE: Miami-Dade / 05-19279 CA 25 / Jennifer Bailey

PLAINTIFF(S) ATTORNEY(S): Phillip J. Goldstein, Miami

DEFENDANT(S) ATTORNEY(S): Anthony P. Strasius of Wilson, Elser, et al., Miami

AGE/SEX/OCCUPATION OF PLAINTIFF: 68 / M / Retired Police Officer

CAUSE OF INJURY: Product Liability/Rack N’ Roll Lift. On January 3, 2003, Plaintiff was traveling north on SR 821 in Miami with Defendant’s Rack N’ Roll Lift and a motorized scooter attached to his vehicle. The lift became loose and detached from Plaintiff’s vehicle, falling on the roadway and stopping in the center lane of three lanes of northbound traffic on SR 821, which created a hazard to other traffic as well as being placed in a position to be damaged and/or destroyed. Plaintiff and his passenger removed the scooter and the lift from the highway. While Plaintiff was in the process of retrieving and removing the scooter, another vehicle struck Plaintiff and the scooter. Plaintiff claimed that the lift was defective, and should not have become detached, which endangered his life. Plaintiff also claimed that a warning device would have prevented this accident. Defendant maintained that there was no evidence of defect on the Rack N’ Roll Lift, and that Plaintiff was negligent in following the manufacturer’s installation instructions.

NATURE OF INJURY: Severe crushing injuries; three progressive amputations of left leg; multiple broken bones; crushed larynx; broken teeth; multiple procedures were performed to address crush injuries; medical expenses; loss of past and future earning capacity; aggravation of pre-existing physical condition; physical and mental losses; impairment; mental anguish; loss of capacity for enjoyment of life.

EXPERT WITNESSES:
PLAINTIFF'S:
James Adt, Engineer, Miami
Miles Moss, Accident Reconstruction, Miami
David S. Kushner, M.D., Neurology, Miami (video depo)
Lourdes Nuñez, M.D., Family Practice, Miami (video depo)
Gregory Zych, D.O., Orthopedic Surgery, Miami (video depo)

DEFENDANT'S:
Nathan Dorris, Human Factors, Atlanta, GA
Kevin Bedsworth, Engineer, Miami

VERDICT: For the Defendant on March 14, 2008.

EDITOR'S NOTE: This was a one week trial. The jury was composed of three males and three females. The jury deliberated for two hours. The jury found that Defendant did not place the Rack N’ Roll Lift on the market with a defect which was a legal cause of damage to Plaintiff. Plaintiff demanded $4,200,000 at trial and $1,000,000 pre-trial. Defendant made no settlement offers.