Roger Powell v. Gate Petroleum Company

Parties Involved

  • Plaintiff(s):Roger Powell
    • Counsel for Plaintiff: Mitchell Adam Stone | Matthew Todd Roach
    • Expert witness for Plaintiff(s): Christian Yates, P.E.

 

Verdict Information

  • Verdict Date: May 15, 2024
  • Total damages awarded to Plaintiff: $455,000
    • Past medical expenses: $55,000
    • Future medical expenses: $100,000
    • Past loss of earning: $25,000
    • Future loss of earning: $25,000
    • Past non-economic damages: $250,000

 

About the Case

Cause

This was a premises liability lawsuit filed by Roger Powell against Gate Petroleum Company, a Florida profit corporation that operates gas station and convenience store locations in Jacksonville. The lawsuit stemmed from an incident that occurred on April 7, 2020, when Powell visited Gate Petroleum’s property located at 3150 Emerson St. in Jacksonville as a customer and business invitee.

According to the complaint, after exiting the restroom at this Gate Petroleum location, Powell tripped and fell due to a stack or stacks of containers/pallets that Gate’s employees or agents had left in the aisle or walkway area, creating a dangerous tripping hazard. As a result of this fall, Powell suffered serious injuries. He alleged that Gate Petroleum breached its duty to maintain its premises in a reasonably safe condition and failed to exercise reasonable care to protect customers like himself from foreseeable risks of harm.

Specific acts of negligence cited in the complaint included Gate Petroleum failing to inspect the premises for dangerous conditions and tripping hazards, failing to correct or remedy the hazardous condition created by the containers/pallets in the walkway, failing to warn Powell or take precautions about the unsafe walkway condition, failing to implement reasonable property maintenance measures, and negligence in the use, maintenance, control, and storage of products/containers. The complaint stated that Gate Petroleum either knew or reasonably should have known about the dangerous condition its negligence created, and its knowledge was greater than Powell’s.

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Injury

As a direct and proximate result of Gate Petroleum’s negligence, Powell claimed he suffered bodily injuries, pain and suffering, disability, disfigurement, scarring, mental anguish, loss of enjoyment of life, expenses for hospitalization/medical treatment, lost wages, and aggravation of any pre-existing conditions. These losses were alleged to be permanent or continuing.

Damages

Powell sought monetary damages, costs, and any other relief deemed appropriate by the court against Gate Petroleum Company for the injuries and losses he sustained in the slip and fall incident caused by the hazardous property conditions.

Jury Verdict

The jury found that Gate Petroleum Company was negligent, and this negligence was a legal cause of loss, injury, or damage to Roger Powell. The jury also determined that Roger Powell was not negligent in a way that contributed to his own loss, injury, or damage.

However, they attributed 20% of the negligence to Powell and 80% to Gate Petroleum Company. For Powell’s medical expenses, the jury awarded $55,000 for past expenses and $100,000 for future expenses. For lost earnings, they awarded $25,000 for past lost earnings and $25,000 for future loss of earning capacity.

Additionally, the jury awarded $250,000 for past non-economic damages and $0 for future non-economic damages. Summing up all the amounts for medical expenses, lost earnings, and pain and suffering, the total amount awarded to Roger Powell was $455,000.

Court Documents:

Available upon Request