$______ VERDICT - INSURANCE OBLIGATION - UNDERINSURED MOTORIST CLAIM - PLAINTIFF STANDING IN BED OF PARKED PICKUP TRUCK WHEN VEHICLE STRUCK BY UNDERINSURED MOTORIST - PLAINTIFF MAKES CLAIM FOR PERMANENT INJURY AGAINST DEFENDANT INSURER - LUMBAR AND CERVICAL DISC INJURIES AND RIGHT SHOULDER INJURY - DISCECTOMY AND DISC REPLACEMENT AT C5-6 AND C6-7.

• Pages: 10-11

and after her shift. She became heavily intoxicated and

was unable to make decisions for herself, according to

the plaintiff’s claims.

The plaintiff showed that there was a history of social

media posts and text messages with a manager of the

defendant’s establishment that made it obvious that the

decedent suffered from a drinking problem and that the

defendant bar knew or should have known about her

addiction.

The decedent attempted to drive home in an intoxi-

cated state on the night in question and was involved in

a single-vehicle collision which resulted in her death. The

decedent was 23 years old at the time of her death

and was survived by her parents.

The plaintiff argued that the decedent was a habitual

alcoholic and that the defendant knew of her alcohol-

ism. Despite that knowledge, the plaintiff contended

that the defendant allowed the decedent to become

intoxicated and attempt to drive home at great risk of

injury or death.

The case was settled, shortly after the lawsuit was filed,

for the defendant’s available policy limits of $1,000,000.

REFERENCE

Justin Stivers, as Personal Representative of the Estate of

Charilyn Martica Rodriguez vs. Sandbar Bay, LLC, d/b/a/

Sandbar Sports Grill. Case no. 2022-006664-CA-01;

Judge David C. Miller, 06-16-22.

Attorney for plaintiff: Pedro Echarte of The Haggard

Law Firm in Coral Gables, FL. Attorney for plaintiff:

Michael Carmona of Friedland Carmona in Coral

Gables, FL.

COMMENTARY

Dram shop cases are typically challenging for plaintiff’s counsel,

and this one was made even more so by the fact that the victim was

an employee of the defendant. However, the plaintiff’s discovery

was able to establish that it was well known to the defendant’s

management and other employees that the young decedent, age

23, often became intoxicated at work.

Despite this knowledge, and the outward signs of visible intoxica-

tion on the night in question, the plaintiff argued that the plain-

tiff’s decedent was allowed to get back in her car and attempt to

drive home. The plaintiff’s decedent tragically crashed her vehicle

and died as a result of the injuries sustained.

Plaintiff’s counsel sent a policy limit demand to the defendant at

the time the lawsuit was filed. Given the circumstances and evi-

dence in the case…the defendant and its insurance carrier agreed

to pay the bar’s liability policy limits of $1,000,000 to resolve the

litigation. Thus, the case was resolved for the maximum amount

available, without the necessity of trial and within 3 months of

filing litigation.

$550,000 VERDICT – INSURANCE OBLIGATION – UNDERINSURED MOTORIST CLAIM –

PLAINTIFF STANDING IN BED OF PARKED PICKUP TRUCK WHEN VEHICLE STRUCK BY

UNDERINSURED MOTORIST – PLAINTIFF MAKES CLAIM FOR PERMANENT INJURY

AGAINST DEFENDANT INSURER – LUMBAR AND CERVICAL DISC INJURIES AND RIGHT

SHOULDER INJURY – DISCECTOMY AND DISC REPLACEMENT AT C5-6 AND C6-7.

Palm Beach County, FL

In this underinsured motorist case, the plaintiff

asserted that the defendant insurer failed to pay

on a claim for damages when the plaintiff was

injured by an uninsured driver while working out

of the bed of his parked truck. The defendant

admitted that the tortfeasor was negligent but

denied that the plaintiff was in the bed of his

vehicle at the time of the impact and therefore

denied that he had suffered any injury.

On October 2, 2019, the plaintiff was working in the

back bed of his pickup truck which was parked on NE

23rd Street in Belle Glade. As the plaintiff shoveled gravel

out of the rear of the truck into a landscape area at a

friend’s house, the tortfeasor was driving on NE 23rd

Street. The tortfeasor driver collided with the plaintiff’s ve-

hicle while the plaintiff was in the truck bed. The tortfea-

sor was convicted of driving while intoxicated as a result

of the incident, however that evidence was not before

the jury The plaintiff contended that he was permanently

injured as a result of the incident and the defendant in-

surer failed to pay under the plaintiff’s policy with the de-

fendant, which was in full effect at the time of the

collision.

As a result of the collision, the plaintiff sustained lumbar

and cervical disc injuries; and right shoulder injury. The

plaintiff underwent discectomy and total disc replace-

ment at C5-6 and C6-7. The plaintiff claimed the need

for future treatment and possible further surgery.

The defendant denied that the incident was a contribut-

ing cause of harm to the plaintiff. The defendant pre-

sented an eyewitness who testified that the plaintiff was

in his house when the crash occurred. The defendant’s

witness stated that he heard the crash, looked out the

window and saw the plaintiff come out of the door of his

house and chase the tortfeasor vehicle down the street.

The defendant moved to bifurcate the trial as to liability

and damages but the motion was denied and the trial

proceeded.

10 SUMMARIES WITH TRIAL ANALYSIS

Volume 32, Issue 11, November 2022 Subscribe Now