Hardee County

(16)AARON COOLEY vs. UNITED RENTALS, INC.

COUNTY/DOCKET #/JUDGE: Hardee / 25-2006CA-000429 / Marcus J. Ezelle

PLAINTIFF(S) ATTORNEY(S): Kevin Britt Woods and Thomas Harmon of Davis & Harmon, P.A., Tampa

DEFENDANT(S) ATTORNEY(S): Randy R. Dow and Kelly R. Reagan of Page, Mrachek, et al., W. Palm Beach

AGE/SEX/OCCUPATION OF PLAINTIFF: 51 / M / Heavy Equipment Operator

CAUSE OF INJURY: Worksite Accident/Motor Scraper/Seat Collapse. Plaintiff was operating a Caterpillar motor scraper owned by Defendant on October 9, 2002. Defendant rented this scraper to Plaintiff’s employer, Kimmins, in August 2002. Plaintiff alleged that the air suspension in the operator’s seat broke so that the seat collapsed while Plaintiff was operating the equipment.

NATURE OF INJURY: Percutaneous discectomy at L3-L4 and L4-L5; future surgery is recommended for L5-S1.

EXPERT WITNESSES:

PLAINTIFF'S:
Michael Shahnasarian, Ph.D., Vocational Rehabilitation, Tampa
Stephen E. Durham, Ph.D., Economist, Tampa
David Rosenbach, M.D., Radiology, St. Petersburg

DEFENDANT'S:      
Richard M. Harding, Ph.D., Biomechanics, San Antonio, TX
Paul M. Deutsch, Ph.D., Vocational Rehabilitation, Oviedo
Paul Guthorn, Engineer, Signal Hill, CA

VERDICT: $3,105,854 for Plaintiff on July 11, 2008 ($47,854 - past medical expenses; $899,500 - future medical expenses; $143,500 - lost earnings; $365,000 - lost earning capacity; $300,000 - past pain and suffering; $1,350,000 - future pain and suffering).

EDITOR'S NOTE: Defendant offered $600,000; Plaintiff’s demand was $850,000. Plaintiff’s Motion for Fees and Costs is pending.