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Broward County, FL

The plaintiff was sitting in a barber shop, waiting for a haircut, when the defendant’s ________ Lincoln Town Car (driven by the defendant Jose C.) crashed through the wall and struck him. The Town Car was propelled into the building after an impact with a vehicle driven by the co-defendant, Alejandra M., who made a left turn in front of it from the opposite direction. The plaintiff claimed that the first defendant made a negligent left turn and that the second defendant, a professional driver, drove his limousine at an excessive rate of speed through a busy intersection; took no substantial evasive action and failed to reduce speed before entering the intersection. Each defendant asserted that the other was responsible for the collision. The defendant Alejandra M. brought a counterclaim against Jose C. and the owner of the vehicle which he was driving.

The collision occurred on December 14, ________, as the defendant’s limousine (Town Car) was traveling west on Hollywood Boulevard in Hollywood, Florida. The co-defendant, approaching from the opposite direction on a green light, attempted to make a left turn on 46th Avenue and a collision ensued. The limousine jumped a curb, traveled through a parking lot and crashed into the wall of the barber shop where the plaintiff was seated.

The defendants, Jose C. and Presidential Car Services, argued that the limousine was proceeding with the right-of-way when the co-defendant made a negligent left turn in front of it, causing the initial impact and the subsequent collision when the limousine struck the barber shop. The co-defendant argued that she believed she had sufficient time to complete the left turn, but the limousine approached at the unexpectedly fast rate of speed of 69 mph in a 35 mph zone. It was argued that the co-defendant’s vehicle was in the intersection first, that the defendant limousine driver could have avoided the collision and that he continued to accelerate after the initial impact until his vehicle struck the barber shop.

As a result of the accident, the plaintiff suffered a tibial plateau fracture and nondisplaced patella fracture requiring surgery. He underwent a left knee open reduction and internal fixation with insertion of a metal plate and screws into his leg. He was employed as an assistant manager and returned to that employment. The plaintiff testified that he earns a higher salary now than he earned at the time of the collision, but he is fearful that he could lose his job due to his accident-related injuries, if there is a change of management. The plaintiff complained of ongoing knee pain, limited mobility and excessive weight gain resulting from the injury.

The plaintiff on the cross-claim, Montiel, alleged that the accident caused a disc herniation in her lumbar spine. Montel testified that she was scheduled to begin work in a management position in Georgia, but was unable to make the long drive required for the job and has moved back to Florida where she secured other employment. The defense disputed that the plaintiff sustained a herniated lumbar disc as a result of the accident. The defendants argued that she is working full time now earning a higher salary than she previously earned and that she traveled to Europe, and was earning an MBA degree. The defendants also argued that the first plaintiff had made a good recovery from his knee injury.The jury found the defendants, Jose A. Cardona and Presidential Car Service Limited, Inc., 85% negligent and the defendants, Alejandra Montiel and Maria Gonzalez (owner) 15% negligent. The jury awarded the plaintiff Richard Catlett $________ in damages. The award included $________ in in past medical expenses; $________ in future medical expenses; $________ for loss of future earning capacity; $________ in past pain and suffering and $________ for future pain and suffering.

The plaintiff Alejandra Montiel was found to have sustained a permanent injury and was awarded $________ in gross damages. Her award included $________ in past loss of earnings; $________ in past medical expenses; $________ in past pain and suffering and $________ in future pain and suffering. The defendants Cardona and Presidential Car Services have moved for a new trial, JNOV and remittitur currently set to be heard on March 28, ________.

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