$______ VERDICT - MOTOR VEHICLE NEGLIGENCE - REAR END COLLISION - DISC PROTRUSION AT C2-3; DISC HERNIATION AT C5-6; LEFT FACET SYNDROME AND ANNULAR DISC BULGE AT L4-5 - MULTIPLE INJECTIONS, PAIN MANAGEMENT AND CHIROPRACTIC TREATMENT.

• Pages: 3-5

$9,000,000 RECOVERY – MOTOR VEHICLE NEGLIGENCE – AUTO/PEDESTRIAN

COLLISION – NEGLIGENT ENTRUSTMENT OF HIGH-END SPORTS CAR – MULTIPLE

CATASTROPHIC ORTHOPEDIC, NEUROLOGICAL AND INTERNAL INJURIES INCLUDING

OPEN BOOK PELVIC FRACTURE – 40-DAY COMA.

Miami-Dade County, FL

This motor vehicle negligence action, involving an

auto-pedestrian collision in a Miami-Dade County

parking lot was brought against both the driver of

the vehicle involved (a Lamborghini) and the car

rental company which leased him the vehicle. The

collision resulted in catastrophic injuries to the

plaintiff, including severe internal injuries,

multiple rib fractures, a fracture of the lumbar

vertebrae, open book pelvic fracture,

hemopneumothorax (accumulation of air and

blood in the pleural cavity) and a 40-day coma.

The subject collision occurred on March 13, 2021, after

the defendant driver (who was on vacation in Florida

from Massachusetts) rented a Lamborghini Uris from the

defendant car rental company. The plaintiff was em-

ployed as a security bouncer at a North Miami area

nightclub where the defendant driver ended up, after

first visiting several other nightclubs where he admittedly

consumed alcohol. The defendant driver was embroiled

in an altercation inside the club and was asked to

leave. After exiting the premises, the evidence showed

that the defendant and his friend then got into a subse-

quent physical altercation in the parking lot of the shop-

ping center where the nightclub was located. As the

defendantdriverattemptedtofleethesceneinthe

rented Lamborghini, he struck and ran over the plaintiff.

The defendant continued driving and was involved in a

second collision approximately a mile away.

The plaintiff’s complaint asserted that the defendant car

rental company was negligent in failing to properly

screen the driver and verify that he was qualified to op-

erate a high-end sports car. In addition the plaintiff al-

leged that the defendant failed to remotely monitor the

driver and failed to retake possession of the car when it

became clear that the driver should not be in posses-

sion of it due to the manner in which he was operating

it.

The plaintiff, age 34 at the time, was transported to the

hospital where his diagnosis included multiple rib frac-

tures, a lumbar vertebrae fracture, multiple contusions

and an open book pelvic fracture. He also suffered foot

drop and pulmonary embolisms. The plaintiff was

intubated and in a coma for approximately 40 days

and was confined to the hospital and rehabilitation cen-

ter for 87 days. After extensive rehabilitation therapy the

plaintiff is now able to walk, but his doctors confirmed

that he will not be able to ambulate normally again and

will have continuing difficulty for the remainder of his life.

The case was settled prior to trial for a total of

$9,000,000 which was in excess of the $500,000 avail-

able policy limits.

REFERENCE

Plaintiff’s accident reconstruction expert: Herb Hewitt

from Orlando, FL. Plaintiff’s economist expert: Fred

A. Raffa from Orlando, FL. Plaintiff’s life care expert:

Susan McKenzie, M.D. from Stuart, FL. Plaintiff’s

neurology expert: Nicholas D.A. Suite, M.D. from

Cooper City, FL.

Valdez vs. Iraheta, et al. Case no. 2021-019615-CA-01;

Judge William Thomas, 11-10-22.

Attorney for plaintiff: Pedro P. Echarte, III of The

Haggard Law Firm in Coral Gables, FL. Attorney for

plaintiff: Angel Diaz of Kirshner, Groff & Diaz in

Miami, FL.

COMMENTARY

The $9,000,000 settlement in this negligent entrustment/auto neg-

ligence action was far in excess of the $500,000 in available liabil-

ity coverage. The defendant driver, who admitted that he was

intoxicated at the time of the collision, had a policy limit of

$250,000 which was tendered immediately. However, the co-defen-

dant rental car company also had a $250,000 policy limit (with the

diver as an additional insured) but did not tender its policy limits

for 396 days, despite being on notice of the negligent entrustment

claim and the severity of the injuries involved. Thus, the defendant

car rental company was exposed to a potential extra-contractual

excess judgment had the case reached trial.

Accordingly, the catastrophic injuries, clear liability and admitted

intoxication of the driver, prompted the insurance carrier involved

(whose name remains confidential) to resolve the case for

$9,000,000 which was $8,500,000 more than policy limits.

$1,844,444 VERDICT – MOTOR VEHICLE NEGLIGENCE – REAR END COLLISION – DISC

PROTRUSION AT C2-3; DISC HERNIATION AT C5-6; LEFT FACET SYNDROME AND

ANNULAR DISC BULGE AT L4-5 – MULTIPLE INJECTIONS, PAIN MANAGEMENT AND

CHIROPRACTIC TREATMENT.

Santa Rosa County, FL

In this motor vehicle negligence case, the plaintiff,

a hair stylist, asserted that the defendants were

responsible for significant, permanent injury

sustained by the plaintiff as the result of a rear

end collision caused by the defendants. The

defendants stipulated liability but contested the

plaintiff’s damages.

SUMMARIES WITH TRIAL ANALYSIS 3

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