FOR IMMEDIATE RELEASE
August 25, 2022
Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com
QPWB GETS COMPLETE DEFENSE VERDICT – PLAINTIFF GETS ZERO
Manuel A. Fernandez
George L. Fernandez
MIAMI ― George L. Fernandez and Manuel A. Fernandez, partners in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a defense victory on behalf of their client, a South Florida plumbing company in business for 50 years. After a four-day trial in Miami-Dade County, the jury awarded the plaintiff zero in a pure defense verdict.
The plaintiff brought a claim against our client alleging significant personal injuries following a trip and fall that occurred at the Stephen P. Clark Government Center in Miami-Dade County. The plaintiff was a Miami-Dade County employee leaving work, and claims she tripped and fell over a 20-foot-long copper pipe left on the floor by the contractor during a construction project. She claimed that the pipe was of a similar color as the tile floor and presented a dangerous condition for pedestrians. The defense presented evidence that the plaintiff was distracted by her cell phone at the time of the fall. The plaintiff claimed multiple injuries, including acute injuries to her shoulders, knees, and low back. At trial, the plaintiff sought over $78,000 for past medical expenses. The plaintiff also claimed the need for bilateral rotator cuff repairs. The plaintiff sought $982,000 in total damages at trial. The plaintiff presented the testimony of an orthopedic surgeon from Chicago, Illinois, who alleged that she sustained bilateral rotator cuff tears that required surgery.
At trial, the defense introduced various medical and worker’s compensation records establishing that the plaintiff had complained of similar injuries before the subject accident and did not fully disclose her past medical history when testifying under oath. The defense also presented the testimony of an orthopedic surgeon who opined that the plaintiff’s rotator cuff tears were degenerative in nature and long-standing, and that she sustained no acute injuries from the subject accident.
The jury agreed with the defense and found that the plaintiff failed to establish any negligence that was a legal cause of her claimed injuries. The jury entered a complete defense verdict in less than one hour, which will entitle the defendant to tax costs.
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George L. Fernandez is a partner in the Miami office and is a Florida Bar Board Certified Civil Trial Lawyer, a member of the American Board of Trial Advocates and has maintained an AV® Peer Review rating in the Martindale Hubbell Law Directory since 1997. He is recognized as a “Top South Florida Lawyer” in insurance litigation by the South Florida Legal Guide.
Manuel A. Fernandez is a partner in the Miami office and is Board Certified in Civil Trial Law by the Florida Bar Board of Legal Education and Specialization since 2002. Mr. Fernandez’s diverse law practice focuses on torts, personal injury defense, professional negligence, products liability, labor and employment law, workers’ compensation defense, automobile liability, including PIP/UM/UIM; construction law, and Social Security Disability. He has litigated matters before federal and state trial and appellate courts, and in administrative forums. He received his law degree from Florida State University in 1991. He is bilingual and fluent in Spanish.
QPWB is the largest minority and woman owned law firm in the nation. Our lawyers provide representation in litigation, business, real estate and governmental law.