Defense Verdict Obtained In Recent Trial
On December 6, 2017, Brett R. Bloch and Ken Pollock of our firm completed a seven day trial defending Progressive Waste Solutions against allegations that one of its trucks, operated by an employee, ran over a homeless person sleeping on a sidewalk in downtown Fort Lauderdale.
In her lawsuit, Takiyah Charles alleged that the subject truck became lost and, in an effort to return to its pick up route, made a u-turn which caused it to drive upon the sidewalk area where she was sleeping. The Plaintiff asserted that Progressive failed to properly train and supervise its drivers which caused them to become lost and undertake such a maneuver. The Plaintiff sustained multiple pelvic fractures, a fracture femur, and the loss of her right ovary, all of which required multiple surgeries and extensive rehabilitation.
On Progressive’s behalf, we asserted that there was no evidence which established that the truck was in the area at the time that the Plaintiff was injured, that the only two witnesses who claimed to have seen the truck were of questionable credibility and that the Plaintiff’s injuries were inconsistent with having been crushed by a ten ton truck. In closing arguments, the Plaintiff requested a $4,159,000.00 damage award.
After a brief deliberation period, the jury rendered a defense verdict.
Takiyah Charles v. Progressive Waste Solutions of Florida, Inc., case no. CACE 13-013687, venued in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. Hon. Mily Rodriguez-Powell presiding.