Fontainebleu Acts Negligently at Construction Site Causing Profound Hearing Loss: $2,500,000 Verdict Plus Attorney Fees; Florida's Highest Hearing Loss Verdict

Yesterday, after a multi-week Jury Trial, a Dade County jury awarded one of the highest verdict in Florida history for pain and suffering resulting from hearing loss - $2,500,000 - to Mina Benjamin, who alleged that she lost her hearing when a bucket fell onto her vehicle from the top of a condominium developed and built by Defendants Fontainebleu Construction, LLC, Fontainebleau Development LLC, and Beach Club Acquisition, LLC. The 54-story building, located next door to the Porsche building, is known as the Turnberry Ocean Club.

Mina Benjamin was driving her car in Sunny Isles when a bucket blew off the 50th story of the Turnberry Ocean Club during construction, crashing down on her back window. According to the evidence, the explosion caused Benjamin to immediately lose all hearing in her right ear, and most of her hearing in the left ear. Doctors could not save her hearing and only could offer hearing aids to resemble some small amount of hearing. Benjamin was 52 at time of the incident, and was an otherwise active woman, very involved in her community, regularly participating in swimming, bike riding, numerous social events, attending religious services, concerts, movies, and other active endeavors. It was a challenging case for plaintiffs, as it difficult for jurors to award significant pain and suffering moneys for injuries they cannot see (as opposed to things like losing a leg or becoming a paraplegic).

The Defendants, led by experienced trial lawyers Priscilla Jacob and Ramon Javier aggressively defended the case, making Benjamin's plight a very difficult one. The case was litigated heavily with hundreds of thousands of dollars of attorney's fees and costs being expended by the respective lawyers. Benjamin's lawyers Scott Mager of Mager Paruas, PLLC and Zara Khan and Yasmine Feirvezers of Injury Law Pros, fought vigorously for Benjamin, eventually forcing the defendants to admit negligence. Defendants contended at trial that the bucket crash did not cause Benjamin's Hearing Loss, arguing instead that her hearing loss was caused by a separate auto immune disorder.

The Defendants were armed with a prominent expert, as well as separate supportive treating physician testimony, surveillance, and other evidence they thought would win the case. Among other witnesses, Plaintiff's counsel offered their own expert, Dr. Roach, who explained that her hearing loss was caused by the bucket crash. Benjamin gave emotional testimony over her 2 days on the stand. In a surprise move, the Plaintiff played a portion of Defendant's own expert's testimony where he opined that the bucket crash caused the hearing loss. Interestingly, the Plaintiff did not seek recovery for lost medical bills or money for future medical bills, or request money for lost wages. Instead, they relied solely on a claim for pain and suffering and loss of enjoyment of life. The jury took several hours to deliberate and awarded $2,500,000 in damages for pain and suffering. Because of the significant verdict, the defendants may be subject to additionally paying hundreds of thousands of dollars of attorney's fees and costs. Mina Benjamin was very grateful. "Today, the jury and my lawyers gave me justice."

"It was tremendously difficult to secure justice for Ms. Benjamin," said one of the lead Plaintiff's Attorney and well-known trial lawyer Scott Mager. "We had multiple large companies armed with lots of talented lawyers fighting with all they had, who did not want to settle this case for any reasonable amount. Our client is a wonderful person whose hearing life was lost on September 13, 2019 (the date of the incident). It was an incredible victory." Other lead counsel Zara Khan echoed the sentiment, saying "Her life was destroyed by Defendants. We worked many hundreds of hours for this very deserving woman, and we are truly satisfied to bring Ms. Benjamin the compensation she so rightfully deserves."

Attn: Kimberly Mayfield
Mager Paruas, PLLC
2719 Hollywood Blvd.
Second Floor
Hollywood, FL 33020
954-763-2800

Mager Paruas, PLLC is a boutique law firm handling high level trial services in all phases and kinds of litigation. Led by Founding Member Scott Mager, the team brings a wealth of talent to every litigation need. Among many honors, Mr. Mager received the National Litigator of the Year award, given to only one person by a multi-billion-dollar insurance conglomerate

This release was published on openPR.