Watkins v. Shoemaker

Case Background

Plaintiff Steve Watkins filed a personal injury lawsuit against Dr. O’Farrell Shoemaker after he fell 16 feet from a ladder while constructing a shed for Shoemaker. He claimed that Shoemaker was negligent in maintaining and setting up the ladder. Shoemaker’s alleged negligence caused Watkins to suffer life-altering injuries, turning him into an incomplete quadriplegic.

Steve Watkins filed the case in the Tennessee Circuit Court, 30th Judicial Circuit, Shelby County. Judge Cedrick D. Wooten presided over this case. [Case number: CT-0048-22]

Cause

Steve Watkins, then 63, worked as a general handyman. He excelled in various construction tasks, including electrical work, framing, remodeling, and maintaining farm equipment. For over 20 years, he completed projects for Dr. O’Farrell Shoemaker, a longtime oral surgeon in Millington, TN.

In January 2021, Shoemaker hired Watkins to construct a 30-by-50-foot RV storage shed on his property at 847 Chaser Road. Watkins worked on an hourly basis and had a helper, Ramon Morales, assisting him.

During the construction, Watkins advised Shoemaker on the necessary materials. Shoemaker purchased and provided those materials. He also lent Watkins a 22-foot extension ladder, which he had owned for about five years, to access the shed’s roof.

On January 30, 2021, as the project neared completion, Watkins and Morales were on the roof installing trusses. They noticed stormy weather approaching and began securing the trusses and equipment before climbing down. The ladder leaned against the building and was extended to 20 feet

As Watkins descended the ladder, it unexpectedly dropped several inches beneath him. The ladder did not fully collapse; a locking mechanism had failed. Watkins fell a distance of sixteen feet. At that moment, Shoemaker was far away on his tractor and did not witness the fall.

Injury

Watkins sustained severe injuries from the fall. These injuries included a broken sternum and a chipped tooth. The most significant injury was a C1-7 spinal fracture. He underwent a double “front-back” fusion surgery to address this.

As a result of the accident, Watkins became a permanent incomplete quadriplegic. He retained some use of his arms, but his right hand remained gnarled. He could not walk without assistance and relied on a wheelchair for mobility.

Additionally, Watkins lost bladder and bowel control. He struggled to perform daily activities, including cooking, cleaning, dressing, and bathing. His injuries drastically changed his quality of life.

Damages

Due to Shoemaker’s negligence, Watkins required constant 24/7 attendant care following his injuries. He needed an accessible van and appropriate housing to meet his needs. Furthermore, he faced significant future care due to chronic pain, which involved regular physical therapy sessions.

He also needed ongoing treatment from specialists focusing on spine and kidney health. These specialists helped manage his long-term medical requirements effectively.

Watkins sought compensation for both medical bills and future care. In addition to these special damages, he pursued non-economic damages in four categories. These categories included pain and suffering, permanent injury, loss of enjoyment of life, and disfigurement.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Steve Watkins
    • Counsel for Plaintiff(s): Rocky Wilkins | Elaine Sheng | Ryan K. Skertich
  • Defendant(s): Dr. O’Farrell Shoemaker
    • Counsel for Defendant(s): Kevin D. Bernstein | Jon W. Tidwell

Claims

In this lawsuit, Watkins alleged general negligence against Shoemaker in multiple ways. He stated that the ladder “dropped” because a rung lock had failed. When Watkins stepped onto the ladder and applied his weight, it collapsed.

The first element of his argument was that the ladder was in poor condition, and Shoemaker failed to maintain it properly. The second element claimed that Shoemaker had positioned the ladder against the building but did not secure it adequately.

These factors combined—the ladder’s poor condition and the improper setup—resulted in its collapse and led to Watkins’ severe injuries.

Defense

Shoemaker defended the case on multiple grounds. He first distanced himself from involvement in the project, stating he was merely an oral surgeon without expertise in remodeling or construction. For many years, he relied on Watkins’ skills as a contractor. His only role was to order and provide materials as needed.

Shoemaker also denied any defect with the ladder. He claimed that, if there was a defect, he had no notice of it, either actual or constructive. Furthermore, he argued that at the time of the fall, he saw Watkins facing outward, holding either a cigarette or a phone.

Additionally, the defense argued comparative negligence. Shoemaker contended that Watkins was at least 50% at fault for the incident, which would bar any recovery. He also disputed the Plaintiff’s account of the fall, suggesting that Watkins might have missed the ladder or misstepped, causing the fall. His strongest evidence for this claim was the EMS-run report, which supported his version of events.

Jury Verdict

This negligence case was tried over two weeks in Memphis. On September 16, 2024, the jury deliberated for just over five hours. Their verdict on liability was mixed.

The jury found both parties at fault, assigning 78% of the fault to Shoemaker and 22% to Watkins.

Next, the jury addressed damages. Watkins claimed medical bills totaling $1.53 million and projected future care costs of $4,827,974. His non-economic damages amounted to $7.5 million, divided into four categories. He received $2.75 million for pain and suffering and $2.5 million for permanent injury. For loss of enjoyment of life, he was awarded $2 million. Finally, he received $200,000 for disfigurement.

The total raw verdict for Watkins reached $13,857,974. After adjusting for the apportionment of fault, the Plaintiff’s final verdict was $10,809,219.

Court Documents:

Available upon request