An agreement has been reached in Tonia Moye v. Cantonment Football Club, Escambia County et al. The county has agreed to pay $45,000 in restitution with the Football Club’s insurer picking up the $20,000 balance.
Following a 2017 match, Tonia Moye, then 47 fell from a bleacher onto a concrete pad. As a result of this accident she sustained a severely broken left ankle as well as a fractured right foot. Moye asserted at the time that the bleacher bench was loose and sounded unusual.
Two weeks prior to her fall, Ms. Moye had brain surgery performed to remove a tumor behind her right eye. As a result of this surgery, her depth perception was affected which she attributed to her fall in statements to paramedics at the scene.
Moye was represented by Tallahassee attorney Dana Brooks who retained the services of a forensic engineer that contended the fall was caused by faulty bolts. It was also found out that these bolts were not inspected annually, as required by Florida Building Code. A video taken at the scene shortly after the accident shows that the bleacher board was not properly connected to the frame and could be easily lifted. Additionally the Escambia Parks and Recreation Department replaced a bolt shortly after the accident.
Daniel DiGiaimo, CEO of Naples based Baker Street Funding said “We see cases like this all of the time. A plaintiff has an injury that the defense tries to use as a get out of jail free card. Thankfully in this case, the defendant had the foresight to settle this claim before trial. A jury would have seen that this was a clear case of negligence.”
Anthony Peppler, Escambia Deputy Attorney said “Due to the significant nature of the injuries to Ms. Moye and the possibility that the judge may allow testimony and video evidence concerning the general condition of the bleachers as an indication there was negligent maintenance of the bleachers, this office recommends settlement for the County’s portion of liability in the sum of $45,000”. The Escambia County Commission signed off on the settlement shortly after Mr. Peppler’s report was issued.
