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Florida Construction Law News

10DEC 2015

CSK Successfully Defends Contractor in High Stakes Trial

by David Salazar, Esq.

After a 30 day trial, Mike Brand and David Salazar secured a complete defense verdict in Monroe County (the Florida Keys). Mike and David represented a general contractor who replaced 6 miles of a water pipeline on the median of the Overseas Highway. Plaintiff allegedly went into the median as part of an emergency maneuver because the FDOT defines this area as a “clear zone” (designed to be a safe refuge for the motoring public) and suffered a traumatic brain injury as a result. He claims our client built a concrete pad that wasn’t flush to grade per the plans and specifications (as well as the FDOT Greenbook and Utility Accommodations Manual) causing him to fly off his motorcycle 14 feet in the air and land on his face.

Plaintiff, himself a former FDOT employee, claimed he was aware this was a clear zone. He suffered a traumatic brain injury, stopped breathing at the scene, was air lifted to Jackson, and was in a coma thereafter.

Plaintiff’s counsel asked the jury for $14.5 Million. The jury was out 33 minutes.

Posted By David Salazar, Esq.

David Salazar is a Partner in CSK’s Construction Group and practices in the Miami office. Mr. Salazar is a Board Certified Specialist in Construction Law and has devoted his practice to various areas of construction law including representation of developers, contractors, and subcontractors in construction defect, contract, and lien enforcement claims, as well as design professionals in professional liability claims. Mr. Salazar also writes and speaks on various legal topics in the context of construction law.