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Copyright 2002 Florida Legal Periodicals, Inc.
FLORIDA JURY VERDICT REPORTER (FJVR)
ALBERT JAR, as personal representative of the estate of MARY MAR vs. HUNTER'S RUN PROPERTY OWNERS ASSOCIATION, INC.
Docket No. CA01-4343 AJ; FJVR Reference No. 02:2-57
Settlement Date: December 7, 2001; Publication Date: February 2002
TOPIC: Motor Vehicles - Wrongful Death - Motor Vehicle Accident - Loss Of Control
RESULT: $ 2,800,000 for Plaintiff (settlement)
STATE: Florida
COUNTY: Palm Beach
JUDGE: Thomas H. Barkdull, III
PLAINTIFF PROFILE: Decedent, Age: 22, Sex: Female, Occupation: Student
PLAINTIFF ATTORNEY: Edward Montoya and George Fernandez of Montoya, Alvarez & Fernandez, P.L., Coral Gables
DEFENDANT ATTORNEY: David Mankin of Valdes & Villaverde, P.A., Coral Gables
CAUSE OF INJURY: On January 3, 2001, in Boynton Beach, decedent was an international internship student who was working for Defendant at the time of the accident. Decedent was one of nine passengers in a vehicle operated by Defendant's employee. Plaintiff alleged that the vehicle was traveling at an excessive speed at the time of the accident and the driver lost control. Plaintiff also alleged that the roadway (which was owned by Defendant) was defectively configured and maintained. Defendant stated that decedent's death would have been prevented if decedent was wearing her seat belt.
NATURE OF INJURY: Death. Decedent was survived by her father, Albert, age fifty-two; and her mother, Mary, age forty-nine.
PLAINTIFF EXPERT WITNESSES: Don Moore, P.E., Accident Reconstruction/Roadway Design, Palm Beach; Alvin Hyde, Ph.D., Biomechanics, Key Biscayne, Bernard Pettingill, Jr., Ph.D., Economist, Palm Beach Gardens
DEFENDANT EXPERT WITNESSES: Charles Proctor, Ph.D., Accident Reconstruction, Gainesville; Phillip Whitley, Ph.D., Biomechanics, Miami, Cynthia Stephens, Ph.D., Economist, Tampa
PLAINTIFF'S ATTORNEY'S COMMENTS: Defendant's insurance carrier filed a separate declaratory judgment action seeking to exclude coverage based on the worker's compensation immunity defense. Defendant also raised an affirmative defense of worker's compensation immunity. The court ruled in favor of the decedent's family in the declaratory action. The worker's compensation immunity defense was dismissed as a matter of law.
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