ARTICLE ID 27563
$________ GROSS - MOTOR VEHICLE NEGLIGENCE - INTERSECTION COLLISION - MULTI-VEHICLE COLLISION - FAILURE TO STOP AT STOP SIGN - THIRD VEHICLE STRIKES CARS DISABLED FROM FIRST ACCIDENT - TWO PEDESTRIANS STRUCK BY VEHICLES AT SCENE - TRAUMATIC ABOVE-THE-KNEE AMPUTATION - SEVERE DAMAGE TO BOTH LEGS OF SECOND PLAINTIFF.
Okeechobee County
This action was brought by two brothers, age 35 years old and age 33 years old, after
they were injured while offering assistance at the scene of an
accident. The defendants included Jeffrey and Lawrence Hoppock,
the driver and owner of the first vehicle; J&P Enterprises d/b/a
Dominos Pizza for whom Hoppock was delivering pizza at the time
of the accident; Dominos Pizza, Inc., the pizza franchisor; and
the driver of the second vehicle which collided with the two
disabled vehicles. The plaintiff contended that defendant
franchisor was vicariously liable for the negligent acts of the
employee of the local franchise. The defendant driver of the
second vehicle argued that he could not see the disabled vehicles
because a parked car had left its headlights facing oncoming
traffic. The defense also alleged that the plaintiffs were
comparatively negligent in causing their injuries by walking on
the highway at night and placing themselves in danger.
Evidence showed that the defendant Jeffrey Hoppock was employed
by J & P Enterprises, d/b/a Dominos Pizza, a Dominos Pizza
franchise located in Okeechobee. Hoppock was driving his fathers
car and was returning from a pizza delivery at approximately 10:00
p.m. on June 26, ________, when he allegedly failed to stop at a stop
sign and struck a car driven on State Road 98 by Robin Raulerson
(not a party in the case). Both vehicles were disabled by the
collision. The plaintiffs Ricky Parker and Ralph Parker were
attending a revival at the Okeechobee Civic Center near the scene
of the accident. After hearing the first accident, the plaintiffs
were led by their Reverend to the accident scene and were
directed to watch for traffic while the Reverend assisted the
occupants of the vehicles.
The plaintiff Ralph Parker testified that he decided to leave the
scene and was walking northbound in the northbound lane of
travel. Several vehicles stopped to render assistance, including
a vehicle which stopped on the western edge of the roadway with
its headlights facing south or southwest, according to testimony
offered. Two to five minutes after the first accident, the second
defendant driver, Earl Hart, who was driving northbound on State
Road 98, struck the Raulerson vehicle, pushing it into the Hoppock
vehicle. The plaintiff Ralph Parker was pinned and then rolled
under the Hart vehicle. The plaintiff Ricky Parker was discovered
screaming in the roadway, his left leg traumatically amputated.
The plaintiffs medical experts testified that the plaintiff
Ralph Parker sustained extensive damage to both legs and pelvis,
including open fractures of the right tibia and fibula as well as
an open fracture of the right femur, fracture of the left femur
and loss of substantial soft tissue of the right leg. Ralph
Parker also sustained sciatic nerve damage causing foot drop and
muscle wasting and atrophy, according to his expert. This
plaintiff underwent several surgeries and multiple debridements,
installation of several external fixators, rod and nail insertion
and suffered complications from infection. His past medical
expenses were $________ and he claimed past lost wages of $________.
He also alleged future medical expenses and loss of earnings of
$________ from his employment as a laborer.
The plaintiff Ricky Parker suffered a traumatic left leg
amputation above the knee, comminuted compound fracture of the
right tibia and fibula and right femur fracture requiring three
hospitalizations, installation of pins and external fixator, bone
graft and skin grafts. His past medical expenses totaled
$________. He also claimed past lost wages of $________ and future
medical expenses and lost earnings of $________ from his job as
a laborer.
The defendant driver of the second vehicle, Earl Hart, testified
that he was blinded by the headlights of the vehicle that had
stopped and left its headlights pointed southbound. He also
claimed that he was not able to see the disabled vehicles despite
the presence of a street light. The franchisor argued that it did
not have the right to control the day-to-day activities of the
franchise and that the operational guidelines established for the
franchise were an acceptable means of doing business. This
defendant contended that the franchisee was an independent
contractor for which the franchisor could not be held liable.
As to the plaintiff Ricky Parker, the jury found the first
defendant driver, Hoppock, 10% liable; the second defendant
driver, Hart, 70% liable and the plaintiff 20% comparatively
negligent. Ricky Parker was awarded $________ which was reduced
accordingly. As to the plaintiff Ralph Parker, the jury found
the first defendant driver, Hoppock, 10% liable; the second
defendant driver, Hart, 60% liable and the plaintiff 30%
comparatively negligent. Ralph Parker was awarded $________ which
was reduced accordingly. The jury also found that the defendant
franchisee was not the agent of the franchisor and a defense
verdict was entered for the franchisor Dominos Pizza, Inc.
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