Shahab Derazi, an applicant seeking a zoning variance to destroy trees, build in a wetland and build a dock was found liable for construction negligence in a $1.1 million jury verdict, involving hiring an unlicensed contractor to build a balcony railing.
The applicant appears before St. Augustine PZB on October 3, 2017 at 2PM. He's already had three continuances.
Here's the facts on the application and and then some details on the personal injury verdict:
6. Conservation Overlay Zone Development
(a) 2017-0057 Shahab Derazi – Applicant Styles OP LLC
Shahab Derazi – Owner -- Styles OP LLC
709 South Ponce de Leon Boulevard
To construct a dock within Conservation Overlay Zone 1; to approve a building(s) within Conservation Overlay Zone 2, and to remove preserved tree(s) within Conservation Overlay Zone 3.
(Continued May 2, 2017)
(Continued July 11, 2017)
(Continued September 5, 2017)
Duval County Jury Awards $1.1 Million Verdict in Teen's Balcony Fall Injury Case
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SOURCE Avera & Smith
Majority of the Award for Plaintiff's Pain and Suffering
JACKSONVILLE, Fla., July 21, 2017 /PRNewswire/ -- A Duval County jury has handed down a $1,105,000 verdict in favor of Amanda Fournier for the broken neck she suffered at age 17 from falling through the faulty railing of a residential balcony.
Fournier, now 21, was an incoming freshman at University of North Florida at the time of the fall. She was attending a fraternity party at a rented Jacksonville residence owned by Shahab Derazi.
"Through our investigation and in subsequent testimony we clearly showed the jury that the railing was not properly affixed to the second floor balcony according to code nor by the manufacturer's instructions," said Mark Avera, Partner, Avera & Smith. "The owner also failed to have a professional inspection of the balcony and railing, a structure that presented an extremely dangerous circumstance ultimately causing Amanda's devastating fall and injury."
Avera & Smith attorneys Mark Avera and Rod Smith demonstrated to the jury that Derazi hired an unlicensed contractor to repair the balcony and inspect the railing three months before the fall, and that the contractor never secured a permit for the job. Avera asserted that an inspection by a building official would have very likely identified the dangerous condition of the balcony railing.
Fournier, who suffered compression fractures to vertebrae in her neck and back, required a two-level fusion of her cervical spine as a result of the fall, followed by extensive physical therapy. It's probable she will require additional surgery in the future.
Avera & Smith has represented Floridians for more than 60 years with a legacy of personal service and genuine care for clients and the local community. Visitwww.avera.com for more information.
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