Trial Magazine

Martin Card, a 36-year-old electrician, went to the River Bend Marina in Fort Lauderdale, Fla., to work on Jorge Mufarech’s 83-foot yacht. When Card arrived, he attempted to ascend a ladder that was leaning against the elevated yacht’s rear platform. The ladder shifted, causing Card to fall onto the asphalt below. He suffered a left hip injury, necessitating surgery and placement of hardware.

Card continues to experience pain in his hip and has been unable to return to his job, at which he had earned $46,000 annually. His medical expenses were $115,000.

Card sued River Bend Marina; Mufarech; and Manuel Hernandez, Mufarech’s employee and captain of the yacht, alleging negligent placement of a loose extension ladder, failure to warn of or remove a dangerous condition, and failure to provide safe access to the yacht.

The defense argued that Card failed to exercise reasonable care while using the ladder. Each of the defendants also denied creating the dangerous condition.

The parties settled for more than $1.57 million. Mufarech and Hernandez’s insurer paid $825,000, and the marina’s insurer paid the rest.

Citation: Card v. River Bend Marina Holdings, LLC, No. 2016 CA 010730 (Fla. Cir. Ct. Broward Cnty. June 15, 2018).

Plaintiff counsel: AAJ members Thomas B. Scolaro and Justin B. Shapiro, both of Miami.

Plaintiff experts: James Glenn, orthopedics, Titusville, Fla.; Carl Wolf, marinas, Palm Beach Gardens, Fla.; and Leslie Delman, vocational rehabilitation, Sunrise, Fla.

Defense experts: Alan Routman, orthopedics, Fort Lauderdale, Fla.; and John McCaughey, marinas, Honolulu.