Last mission to repair the Hubble telescope
Fifty years ago, they were screwed-up kids sent to the Florida School for Boys to be straightened out. But now they are screwed-up men, scarred by the whippings they endured. Read the story and see a video and portrait gallery.
Rays fan guide to the Trop Print |
 Email story |
 Comment |
 Email editor |
By JAMIE THOMPSON
Published February 4, 2005
Willie J. Allen Jr./tbt*
Justin Johnson, an attorney for Kerriana Johnson, shows a photograph of her maimed right hand to jurors during closing arguments in St. Petersburg.
|
For two weeks, lawyers spun a tale revolving around an escalator that chomped a 5 year old's fingers. But what did the jury have to consider in setting a price on that pain?
Undisputed: On one of the busiest shopping days of 2002, 5-year-old Kerriana Johnson lost three fingers on a Dillard's escalator in St. Petersburg.
What her lawyers said: Make Dillard's pay $35.8 million, and more for punitive damages. They told six jurors how Dillard's used unlicensed workers to save money on escalator repairs, set up a fake service company to avoid state inspections, failed to report dozens of accidents to state regulators, and had ample evidence that someone, eventually, would get seriously hurt on its down escalator.
The defense: Dillard's accepted blame, but questioned how much. Their suggestion: $2.5 million because the girl's mother also was at fault for not watching her daughter more closely.
Escalator's ups and downs: Jurors learned that more than 80 people had gotten shoes or clothing caught in the down escalator at the Tyrone Square Mall store since 1998. Dillard's could have replaced its down escalator for about $60,000. But it would have meant closing the escalator up to 12 weeks and possibly shutting down the store.
For what it's worth: "She's not going to play the saxophone, but she might sing in the school choir," said Tallahassee rehabilitation consultant John McKay, testifying for Dillard's. Though the accident was horrible, Kerriana was a bright, energetic girl, able to ride a bike, tie her shoelaces, and play Xbox with her brother, McKay said.
On the other hand: Psychiatrists called by Kerriana's lawyers said hands are second only to a person's face for communicating. "This child will be teased in school. It is inevitable. It will happen," psychiatrist Michael Maher told the jury. Kerriana may develop low self-esteem and is "almost certain" to carry "psychological burdens."
What the jury said: The jury assigned 15 percent of the blame to the girl's mother, Lori Medvitz, and came back with actual damages of $11.2 million, making the store's share $9.4 million. Before they could decide on punitive damages meant soley to punish Dillard's, the store settled for $15 million.
- Jamie Thompson jthompson@tampabay.com
[Last modified February 3, 2005, 13:47:58]
|
|
| Home |
 News
|
Politics
|
Opinion |
Sports
|
Entertainment
|
Money
|
Go Momma
|
Blogs
|
Video | Weather | Traffic |
Classifieds
|
Jobs |
Real Estate |
Cars
|
Site Map |
|
