After a 5 day trial, a Collier County jury awarded a $500,000 verdict to a local air conditioning repairman who fell through a sewer lid behind San Marco True Value Hardware in 2002, trapping and twisting his leg and causing a 200-pound, 40-foot extension ladder to crash onto his neck and shoulders.  San Marco True Value was the only defendant at trial after various other defendants, including Collier County and the City of Marco, were dismissed.  However, a Fabre' Defendant (an at fault non-party), utility company Florida Water Services (FWS), was also listed on the verdict form for the jury to consider when apportioning fault between the hardware store and the non-party utility company.  The jury apportioned 95% of the award to FWS and 5% to the hardware store.  Plaintiff filed a Motion for Judgment Not Withstanding theVerdict, asking the Judge to take the 95% verdict attributable to FWS and move that to the hardware store.  Surprisingly, the Judge granted the motion, and required San Marco True Value Hardware to pay the entire verdict.   The ruling by the Judge was appealed and the District Court of Appeal for the Second District of Florida quickly reversed the ruling by Judge Ellis, citing to the very limited circumstances in which judicial modification of a jury verdict is warranted.  The case was remanded back to Judge Ellis for Final Judgment consistent with the Appellate Mandate and with instructions to reinstate the jury's original verdict.  Prior to trial, the Plaintiff's demand was $1.8 million dollars and only nuisance value money had been offered by San Marco True Value.  The case was tried by Rodney Janis and Scott Warburton.

The case was originally reported in the Naples News prior to the reversal by the Second DCA.
http://www.naplesnews.com/news/2007/aug/28/repairman_awarded_500k_manhole_mishap
wont_see_dim/?breaking_new