Whitt v. Ocala Speedway, Inc., Fla., Marion County 5th Jud. Cir. Ct., No. 03-100-CA-G, June 27, 2003.
Whitt, 48, was watching races at a speedway. As he walked down the bleachers toward the concession stand, he fell through a gap between the seat and foot boards to the ground 10 to 15 feet below. he suffered a spinal fracture at T12, rendering him paraplegic. His past medical expenses of $200,000 were paid by Medicaid, and his future medical expenses are estimated at between $6,000 and $12,000 annually.
Formerly a roofer earning about $20,000 annually, Whitt is now totally disabled. He continues to suffer from back pain, muscle spasms, and depression.
Whitt sued the speedway and its owner-manager, alleging (1) negligent maintenance of its premises by having large gaps in the bleachers and insufficient handrails, and (2) failure to warn patrons of the dangerous condition. Plaintiff alleged defendant was in violation of safety codes requiring gaps in bleachers to be small enough that objects larger than four inches in diameter cannot fall through.
Defendants countered that the bleachers did not violate safety codes as they existed when the bleachers were built, and that plaintiff was comparatively negligent because he had been drinking alcohol.
The parties settled before trial for the speedway's insurance policy limits of $1 million, a portion of which was used to fund an annuity to make periodic payments to plaintiff.
Plaintiff's expert was J. Nigel Ellis, fall protection engineering, Wilmington, Del.
Plaintiff's Counsel
*Steven W. Wingo, Ocala, Fla.
Copyright Association of Trial Lawyers of America Dec 2003
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