Significant Verdicts

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Mrs. Elizabeth Berman was remodeling her kitchen with the help of Floridian Decor, who recommended the selection of a Sub-zero freezer. This 400 pound appliance with a decorative door was purchased at and delivered by Weston & Weston, an appliance company that delivered the freezer to Mrs. Berman's home in 1994.

The delivery of the freezer was handled improperly and proved fatal for Mrs. Berman. It was well-known in the industry that Sub-zero freezers were dangerously unstable if not properly secured. Not only was the decorative panel installed before delivery, completely obliterating the instructions for installation, the freezer [not the panel] was removed from the carton and set up unsecured in Mrs. Berman's kitchen.

Before the freezer was installed, it fell over, fatally crushing Mrs. Berman, who was found by her housekeeper.

The police investigation of Mrs. Berman's death detailed the improper handling of the freezer. When the investigators recreated the accident by standing the freezer upright and opening the door, it took four men to prevent it from falling.

Ervin A. Gonzalez tried the case in late October 1998 with associate Deborah J. Gander. On November 2, the jury awarded $ 1,004,438 to Ms. Berman's sole survivor, her daughter, Bonnie Berman.

During trial, the owner of Weston & Weston testified that the freezer's instability when not properly secured was common knowledge in the appliance industry.

A settlement was reached prior to trial with the manufacturer and distributor.