Morgan & Morgan Secures $4.4 Million Verdict in Leon County Premises Liability Case

[Tallahassee, FL] – A Leon County jury has awarded $4,440,958.42 to a Florida man who suffered serious neck injuries after being struck by a motorized security shutter while leaving a Tallahassee convenience store. The plaintiff was represented by Morgan & Morgan attorneys Corey Portnoy, Dustin Middleton, and Andrew Paladino.

On March 25, 2023, the plaintiff was leaving Parkside Food and Gas in Tallahassee when a store employee activated a motorized storm shutter that also functioned as a security gate. According to evidence presented at trial, the shutter descended and struck the plaintiff on the head.

The impact caused significant injuries, including compression of the cervical spinal cord. As a result of his injuries, the plaintiff ultimately underwent an anterior cervical discectomy and fusion (ACDF) surgery and endured substantial pain, medical treatment, and suffers from ongoing limitations to his daily life and ability to work. 

“This jury recognized that businesses have a responsibility to protect their customers from preventable hazards,” said Morgan & Morgan founder John Morgan and attorney Corey Portnoy. “Our client’s injuries severely eroded his quality of life, yet the defense attempted to minimize both those injuries and the consequences he has faced since this incident. We are grateful the jury carefully evaluated the evidence and returned a verdict that fully accounts for the harm he suffered.”

Throughout the litigation, the defendants used baseless arguments to avoid accountability, including that the plaintiff’s injuries were the result of pre-existing conditions rather than the incident. The defense asked the jury to award no more than $12,000 in damages to the plaintiff. The jury rejected those arguments and returned the $4 million verdict, recognizing the severity of the plaintiff's injuries and the impact they have had on his life.

The case was heard by Judge Joshua Hawkes in the Second Judicial Circuit in and for Leon County, FL, Case No. 2024-CA-0922. The defendants in the case were Jayram, Inc. d/b/a Parkside Food and Gas, and Moses Mark Tackett.