Wrongful Death - $5,625,000 Sought with $0 Awarded - Miami-Dade County

On January 14, 2026, Stuart Managing Partners Benjamin Pahl and Nora Bailey and Senior Associate Zoe Monge Nelson secured a defense verdict in a Construction site drowning.  Plaintiff was operating a Caterpillar Articulated Dump Truck when he overturned this heavy equipment into a canal and drowned. Plaintiff, a 58-year old construction employee, was survived by his wife who filed a Wrongful Death Action claiming gross negligence in an attempt to circumvent Florida’s Worker’s Compensation Immunity. The theory was that our General Contractor and Superintendent violated OSHA and failed to provide a safe worksite near the canal. It took the jury 8 minutes to decide our client was not liable.