Trial Magazine

Bali Ramnarace, 62, worked as an independent repair technician. When U.S. Foods Inc. asked him to repair a ­1900-pound automatic lift gate attached to the back of a tractor-trailer, Ramnarace recommended that the company have the truck towed. U.S. Foods, from which Ramnarace earned 60 percent of his revenue, again asked that he repair the lift gate. Ramnarace performed the work, and the lift gate was pushed back into position. The truck driver then pulled the truck forward, causing the gate to loosen and come down. Ramnarace, who was collecting his tools at the back of the truck, was pinned against a wall by the gate.

He suffered a fractured tibia and fibula, which has affected his mobility and ability to perform daily living activities. His medical expenses were approximately $171,800.

He is now totally dependent on his wife and cannot work. He had been earning approximately $30,000 annually.

Ramnarace and his wife sued U.S. Foods, alleging it failed to provide a reasonably safe place to work. The plaintiffs claimed that the defendant should have had the truck towed at Ramnarace’s suggestion. The defense denied liability and argued that Ramnarace had been negligent.

The jury awarded approximately $535,400, finding Ramnarace 25 percent responsible. The defendant has appealed, and the plaintiffs have cross-appealed.

Citation: Ramnarace v. U.S. Foods, No. 50-2013-CA-017572 (Fla. Cir. Ct. Palm Beach Cnty. Oct. 27, 2016).

Plaintiff counsel: AAJ member Robert C. Stone, Boca Raton, Fla.