Fitzpatrick v. Milleman Case No.: 2014-CA-000038, in and for Nassau County, FL
Jules Massee and Chip Birthisel of HM&B’s Tampa Office obtained a jury verdict in favor of defendant, David Milleman. The plaintiffs, a married couple living on a 60’ anchored sailboat, alleged the defendant’s 56’ motorboat caused a dangerous wake which caused damage to the boat and plaintiff Fitzpatrick to sustain injuries. The plaintiffs further claimed Fitzpatrick’s injuries resulted in a left total knee replacement, and sued for property damage, personal injury, mental anguish, and loss of consortium.
The defense presented evidence the 56’ motorboat could not have caused a wave large enough to cause the damages claimed, and that the plaintiff’s sailboat was not properly anchored. The defense further presented evidence that the Plaintiff’s knee replacement was necessitated by degenerative conditions, not acute trauma.