$________ - HEAD-ON COLLISION WITH TRACTOR- TRAILER - NEGLIGENT PASSING IN FOGGY CONDITIONS - WRONGFUL DEATH OF 22-YEAR-OLD FATHER.
Palm Beach County (26923)
The plaintiffs in this wrongful death action were the 22-year-old
decedent’s mother and the guardian of his minor daughter. The defendants
included the driver of a tractor-trailer and the trucking company
which owned the truck. The plaintiffs claimed that the defendant’s
tractor-trailer negligently attempted to pass another vehicle on a
two-lane rural road, striking the decedent’s oncoming vehicle head-on.
The defendant argued that the decedent’s ability to operate his vehicle
was impaired by the use of marijuana and thus the decedent was comparatively
negligent in causing the accident.
In the early morning hours of February 11, ________, the decedent was
en route to work on a two-lane (one lane in each direction) rural
road, when his car collided head-on with the defendant’s tractor-
trailer as the tractor-trailer attempted to pass another vehicle in
its lane of travel. The plaintiff claimed that the defendant truck
driver was negligent in attempting to pass a slower-moving vehicle
on the narrow, two-lane roadway in dark and foggy conditions. The
plaintiff maintained that the decedent was driving in his lane and
had no opportunity to avoid the collision.
The decedent was pronounced dead at the scene. He was survived by
a two-year-old daughter and his mother. The decedent lived with his
daughter and his daughter’s mother, but was not married. The couple
was scheduled to be married in April (two months after the decedent’s
death). The decedent was employed in the construction field and earned
approximately $9 per hour. The plaintiff’s economist estimated the
plaintiff’s economic damages to be in the range of $________ to $________.
The defense disputed the plaintiff’s contentions that the accident
occurred in dense fog. Postmortem toxicologist reports indicated that
the decedent had a 35 nanogram level of THC and a 7 nanogram level
of carboxyl THC in his system at the time of his death. The defendant’s
toxicologist opined that these levels indicated consumption of marijuana
within an hour of the accident. This expert also contended that the
THC levels were equivalent to a blood alcohol level of .08 and would
have substantially impaired the decedent’s ability to operate his
vehicle.
The defendant’s economist opined, based on Florida’s minimal child
support guidelines, that the plaintiff’s economic damages were approximately
$________ to $________.
The case settled prior to trial for a total of $________.