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Favorable Result in Trial of Personal Injury Case Involving Roofing Contractor

Harold A. Saul, of the Tampa office, obtained a favorable result after a 4-day trial. The Plaintiff claimed the Defendant roofing contractor was negligent and violated its agreement by leaving behind nails after re-roofing Plaintiff’s house. The contract and verbal agreement, as well as the Defendant’s brochures, indicated they would remove all debris, and the Defendant’s employees acknowledged no nails should have been left behind. The Plaintiff, a diabetic who was out in his yard pulling weeds, stepped on a nail left behind by the Defendant, which was one of only 7 nails found. As a result of the nail puncturing the bottom of the Plaintiff’s foot and his diabetic condition, the foot became infected, and after 4 surgeries, the Plaintiff had 90% of his Plantar fascia removed, as well as undergoing a significant amount of intravenous and oral antibiotics with an infectious disease physician. The treating surgeon indicated Plaintiff would be limited in his activities and would have to use a cane for the remainder of his life. The Medicare reduced medical bills were still over $35,000. On behalf of the Defendant, Harold argued that leaving 7 nails behind for such a large roof was reasonable, and they emphasized the extraordinary efforts their client undertook to remove all debris. In addition, they argued the Plaintiff, with his known diabetic condition, should have worn more protective shoes and should have sought more immediate and consistent medical treatment. The Plaintiff never demanded less then $250,000. After about 90 minutes of deliberations, the jury found the Defendant 40% negligent, the Plaintiff 60% negligent and awarded a net verdict of just over $22,000.

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