$______ VERDICT - MOTOR VEHICLE NEGLIGENCE - TRUCK/PEDESTRIAN COLLISION - PLAINTIFF ESTATE SEEKS AWARD OF DAMAGES FOR WRONGFUL DEATH OF 14-YEAR-OLD PEDESTRIAN STRUCK BY DEFENDANT DRIVER WHILE WALKING TO SCHOOL BUS STOP - DEFENDANT FOUND NEGLIGENT BY DEFAULT BY COURT.

• Pages: 2-2

Featured Cases

$80,000,000 VERDICT – MOTOR VEHICLE NEGLIGENCE – TRUCK/PEDESTRIAN

COLLISION – PLAINTIFF ESTATE SEEKS AWARD OF DAMAGES FOR WRONGFUL DEATH

OF 14-YEAR-OLD PEDESTRIAN STRUCK BY DEFENDANT DRIVER WHILE WALKING TO

SCHOOL BUS STOP – DEFENDANT FOUND NEGLIGENT BY DEFAULT BY COURT.

Palm Beach County, FL

In this motor vehicle negligence case, the

plaintiff’s estate asserted that the defendant

driver struck the 14-year-old pedestrian with his

vehicle with such force that it caused fatal injuries.

The defendant failed to appear or answer the

plaintiff’s complaint and a judicial default was

entered by the court. The case proceeded to trial

as to damages only.

On September 18, 2017, the plaintiff’s decedent was

walking to her school bus stop. The child was walking

northbound on the paved portion of Lyons Road, be-

tween the fog line and the edge of the pavement. The

plaintiff contended that she was not in the road. The de-

fendant was driving a pickup truck southbound on Lyons

Road heading towards the decedent. The defendant

swerved to the right and struck the decedent pedes-

trian. The plaintiff contended that the defendant negli-

gently operated his vehicle failing to yield to the

decedent pedestrian; failed to maintain a reasonable

distance between the truck he was operating and pe-

destrians walking to the school bus stop; failed to re-

duce the speed of his vehicle consistent with that which

is appropriate upon approaching children walking to a

school bus stop; failed to brake in a timely manner;

failed to maintain control of the truck; failed to take any

evasive actions or maneuvers to avoid collision; and

violently struck the plaintiff’s decedent.

The plaintiff asserted that the decedent spent time fight-

ing for her life, experiencing horrendous pain as medical

personnel attempted to keep her alive. Ultimately, the

plaintiff’s decedent succumbed to her injuries and suf-

fered an untimely death. The decedent’s surviving par-

ents suffered damages including the loss of the

decedent’s support and services, companionship and

protection, mental pain and suffering, medical and fu-

neral expenses and future pain and suffering. The plain-

tiff estate maintained that it was entitled to recover net

accumulations in connection with the plaintiff’s loss of

earning capacity and income had she lived her normal

life expectancy, and all medical and funeral expenses

as a result of the wrongful death.

The jury awarded damages in the amount of

$40,000,000 to each of the decedent’s parents for a to-

tal award of $80,000,000.

REFERENCE

Davis vs. Johnson, II. Case no. 2019CA004418; Judge

John S. Kastrenakes, 01-18-22.

Attorneys for plaintiff: Daniel Lustig and Robert C.

Johnson of Pike & Lustig, LLP in West Palm Beach, FL.

$1,571,879 GROSS VERDICT – MOTOR VEHICLE NEGLIGENCE – AUTO/MOTORCYCLE

COLLISION – PLAINTIFF DRIVER SUSTAINS OPEN FRACTURE OF RIGHT FEMUR WITH

DEGLOVING INJURY – DISTAL TIBIA AND FIBULA OPEN FRACTURE OF RIGHT ANKLE –

FRACTURE OF CALCANEUS REQUIRING MULTIPLE SURGERIES AND RENDERING HIM

COMPLETELY DISABLED – PLAINTIFF PASSENGER SUSTAINS LESSER INJURIES BUT

UNABLE TO WORK FOR 4 MONTHS – SOME RESIDUAL LIMITATIONS.

Miami-Dade County, FL

In this motor vehicle negligence case, the

plaintiffs, the driver and passenger of a

motorcycle, asserted that the defendant driver

swerved off and back on the roadway, causing a

collision wherein the plaintiffs suffered significant,

permanent injuries. The defendant denied

negligence arguing that an unknown person was

responsible for dropping debris in the roadway,

presenting the defendant driver with an

emergency situation wherein her only option was

to swerve around the debris.

On March 19, 2017, the plaintiff and his fiancé were

traveling northbound on the Florida Turnpike SR 821 on a

motorcycle. The defendant was also traveling north-

bound on the Florida Turnpike. The plaintiffs contended

that the defendant negligently lost control of her vehicle,

swerve onto the shoulder of the road, then swerved

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Volume 32, Issue 6, June 2022

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