Ft Lauderdale man wins $8.9M verdict after fall

[Fort Lauderdale, FL] – A Fort Lauderdale man who suffered a significant injury and life-altering complications after falling outside a Pompano Beach townhome was awarded an $8,928,701.08 verdict by a Broward County jury Friday. Represented by Morgan & Morgan attorneys Scott Henratty, Tom Jerla, and Jennifer Rosinski, the plaintiff won the seven-figure verdict despite the defendant refusing to make any settlement offers in the case.

On October 16, 2023, the 58-year-old plaintiff was working as an Amazon delivery driver, delivering a package to a Pompano Beach townhome located near the intersection of Northwest 49th Court and Military Trail. He was walking on a common area roadway when he stepped in a pothole and fell, dislocating and fracturing his ankle in two places. He filed suit against the Villa Verde Homeowners Association, alleging they knew or should have known about the dangerous condition of the roadway and failed to fix it. The plaintiff ultimately developed complex regional pain syndrome (CRPS), a form of debilitating chronic pain that can persist even after an injury heals, which he attempted to treat with multiple nerve injections and the permanent placement of a spinal cord stimulator.

“Homeowners associations have a fundamental duty to maintain safe premises, and when they fail to do that, people pay the price,” said Morgan & Morgan founder John Morgan and attorney Scott Henratty. “The defendant’s negligence completely and permanently altered our client’s life. He now walks with a cane and lives in constant pain, can’t work, and struggles to find joy in the everyday moments he once took for granted. We’re pleased the jury saw through the defense’s attempts to minimize what was taken from him and delivered justice.”

In the first phase of a bifurcated trial that began last year, a different jury found the plaintiff was subjected to comparative fault, contributing 20 percent to the cause of the injuries. After the second phase of the trial concluded on Friday with an $8,928,701.08 verdict, the plaintiff will be entitled to 80 percent of those damages for a total recovery of $7,142,960.86.

The case was heard by Judge Mark Spesier in the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, Case No. CACE-23-020434. The defendant was represented by Marlin Green and Cody Frank of Brown Sims.