Florida Water Service

Collier County, FL: (Aug-28-07) David Dopierala filed a personal injury suit against John Perry, owner of Marco True Value Hardware in 2002, after he fell in a manhole, sustaining considerable physical injuries. The suit claimed that 43-year-old Dopierala, who lived in Cape Coral, worked at Kenmark Air of Fort Myers' Marco Island office and was sent to the parking lot the morning of July 2, 2002, to fix the store's air conditioning unit. As he and a co-worker carried the heavy ladder, one at each end, Dopierala stepped on the cover, which flipped open, causing his left leg to get trapped and twisted. The 200-pound ladder came crashing down on him. The impact ripped his skin on his thigh and he was treated at a local medical facility, where he received stitches. He returned that day to take photos of the manhole and determine ownership. By then, True Value employees had welded it shut. A month later, Dopierala underwent anterior cruciate ligament (ACL) surgery, which involves a graft to replace a torn ligament and replacing a portion of the knee bone. In 2004, he had follow-up neck surgery due to a pinched disk. Once an avid fisherman and hunter, Dopierala, who now lives in Kentucky, has trouble sitting or doing much labor due to intense pain, accompanied by depression over not being able to find a job.

In a settlement reached, a Collier County jury awarded him $500,000, but sources claim that Dopierala won't see too much of it. Jurors decided that John Perry, who has since sold the hardware store on San Marco Road on Marco Island, was only 5% liable and Florida Water Service should bear the brunt of paying damages of 95%. And what's left of the verdict will go to repaying $183,914.89 in worker's compensation insurance and settlement money he already received. [NAPLES NEWS: REPAIRMAN INJURY]

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Published on Aug-29-07