$______ VERDICT - MOTOR VEHICLE NEGLIGENCE - AUTO/BUS COLLISION - DEFENDANT BUS DRIVER REAR ENDS VEHICLE IN WHICH PLAINTIFF IS FRONT SEAT PASSENGER - DISC HERNIATION AT L4-5 - POSTERIOR INSTRUMENTATION AT L4-5 - POSTERIOR FUSION AT L4-5 - POSTERIOR L4-5 LEFT-SIDED FORAMINAL DECOMPRESSION.

• Pages: 3-4

back into the lane and applied her brakes, causing the collision with the

plaintiffs’ motorcycle. The plaintiffs alleged that the force of the impact re-

sulted in permanent injuries.

As a result of the collision, the plaintiffs were airlifted from the scene of the

crash to the hospital. The plaintiff driver of the motorcycle sustained an open

fracture of the right femur with degloving injury; distal tibia and fibula open

fracture of the right ankle; and fracture of the calcaneus. The plaintiff under-

went open reduction with internal and external fixation with rods and pins in

the leg, ankle and heel; and multiple debridements. The plaintiff had com-

plications from the hardware and was later diagnosed with equinus

contracture and post-traumatic arthritis that prohibit him from performing

work tasks and activities of daily living. The plaintiff was confined to a wheel-

chair and deemed handicapped. As such, he continues to rely on the co-

plaintiff to be his permanent caretaker. The plaintiff’s physician testified that

the plaintiff will likely need future surgery including either ankle fusion or full

ankle replacement. The plaintiff passenger suffered injuries that prevented

her from returning to work for 4 months and continues to suffer ongoing limi-

tations, trauma, permanent scarring, and pain and suffering.

The defendant argued that she took appropriate evasive action and that,

but for the debris thrown by an unknown person, she would not have been

involved in the collision with the plaintiffs. Further, the defendant asserted that

the plaintiffs were responsible for their injuries because they were not wearing

the appropriate protective gear and head hear and the failure to wear such

protective gear was in violation of Florida law or simply negligent and was

the proximate cause of or contributed to the plaintiffs’ injuries and damages.

The jury found the defendant 40% negligent; the plaintiff 50% negligent and

the unknown person 10% negligent. The jury set gross damages at

$1,321,879 broken down as follows: $371,879 in past medical expenses;

$350,000 in future medical expenses; and $600,000 in future non-economic

damages. The jury also awarded $250,000 to the plaintiff fiancé broken

down as follows: $100,000 in past medical expenses; and $150,000 in future

non-economic damages. After reduction for the plaintiff driver’s compara-

tive negligence, the plaintiffs’ total net recovery was $628,752.

REFERENCE

Roque, et al. vs. Lu. Case no. 2017 030113 CA 01; Judge Charles Johnson,

04-01-22.

Attorney for plaintiff passenger: Jose Menendez of Menendez Trial

Attorneys in Coral Gables, FL. Attorneys for plaintiff driver and

passenger: Vanessa Diaz and Craig T. Downs of Downs Law Group in

Coconut Grove, FL. Attorneys for defendant: Daniel J. Santaniello and

Luis Menendez-Aponte of Luks, Santaniello, Petrillo & Jones in Miami,

FL.

$206,299 VERDICT – MOTOR VEHICLE NEGLIGENCE –

AUTO/BUS COLLISION – DEFENDANT BUS DRIVER

REAR ENDS VEHICLE IN WHICH PLAINTIFF IS FRONT

SEAT PASSENGER – DISC HERNIATION AT L4-5 –

POSTERIOR INSTRUMENTATION AT L4-5 – POSTERIOR

FUSION AT L4-5 – POSTERIOR L4-5 LEFT-SIDED

FORAMINAL DECOMPRESSION.

Miami-Dade County, FL

In this motor vehicle negligence case, the plaintiff asserted that the

defendant bus driver struck a vehicle in which the plaintiff was a

passenger with such force that it caused significant, permanent

injury. The plaintiff also claimed the defendant bus company was

vicariously liable for the negligence of the bus driver. The

defendants admitted being at fault for the accident but contested the

causation of the plaintiff’s injuries and damages.

FEATURED CASES 3

Florida Jury Verdict Review & Analysis

Founder

IraJ.Zarin,Esq.

President

Jed M. Zarin

Contributing Editors

Brian M. Kessler, Esq.

Michael Bagen

Laine Harmon, Esq.

Cristina N. Hyde, J.D.

Deborah McNally, Paralegal

Ruth B. Neely, Paralegal

Cathy Schlecter-Harvey, Esq.

Julie L. Singer, Esq.

Tammy A. Smith, Esq.

Kate Turnbow, Paralegal

Susan Winkler

Business Development

Gary Zarin

Production Coordinator

Cathryn A. Peyton

Professional Search

Timothy P. Mathieson

Court Data Coordinator

Jeffrey S. Zarin

Customer Services

Meredith Whelan

Circulation Manager

Ellen Loren

PublishedbyJuryVerdictReview

Publications, Inc. 45 Springfield Avenue,

Springfield, NJ 07081 www.jvra.com

Main Office:

973/376-9002 Fax 973/376-1775

Circulation & Billing Department:

973/535-6263

Florida Jury Verdict Review & Analysis is a

trademark of Jury Verdict Review

Publications, Inc.

Reproduction in any form with out the

express written permission of the publisher

is strictly prohibited by law.

Florida Jury Verdict Review & Analysis

(ISSN 1058-8604) is published monthly at

the subscription rate of $395/year by Jury

Verdict Review Publications, Inc.,

45 Springfield Avenue, Springfield, NJ 07081.

Periodical postage paid at Springfield, NJ

and at additional mailing offices.

Postmaster: Send address changes to:

Florida Jury Verdict Review & Analysis,

45 Springfield Avenue, Springfield, NJ 07081.

Subscribe Now