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Verdict range $500,000 - $1,000,000
ARTICLE ID 27989
$________ - DANGEROUS INSTRUMENTALITY ACT - HEAD-ON COLLISION - EJECTION FROM RENTED VEHICLE - ANKLE FRACTURE - FEMUR FRACTURE - MULTIPLE SURGERIES - EXTENSIVE FACIAL SCARRING - POST-TRAUMATIC STRESS DISORDER.
Dade County
This action was brought by the female plaintiff, age 23 at the time
of injury, against the defendant rental car company under Floridas
Dangerous Instrumentality Act. The plaintiff claimed that the defendant
was liable for the negligence of the driver of the defendants rental
car, who fell asleep at the wheel and caused a head-on collision with
an oncoming van. The plaintiff was an unbelted front seat passenger
in the rental car at the time of the accident. Two people in the oncoming
van were killed and filed a separate action in Michigan which settled
prior to trial. The defendant asserted the seatbelt defense.
The plaintiff was a passenger in a rental car driven by her friend
(who was not a party to the action). The plaintiffs friend fell asleep
while driving on Interstate 75 in Alabama, causing the car to go out
of control, cross a median, become airborne and collide head-on with
the oncoming van. The plaintiff, who had been driving the vehicle
earlier while her friend slept, testified that her friend had been
driving for approximately two hours before the accident occurred.
The plaintiff testified that she tried to grab the steering wheel
of the car when it went out of control, but was unable to avoid the
collision.
The plaintiff admitted that she was not wearing her seatbelt at the
time of the collision and testified that she wanted to be able to
turn around to tend to her baby who was in the back seat of the vehicle.
The plaintiff was ejected from the car through the passenger side
window.
The plaintiffs medical experts testified that the plaintiff sustained
an ankle fracture in the accident necessitating surgery. She also
suffered a femur fracture which was repaired with the use of orthopedic
rods. The plaintiffs orthopedic surgeon opined that the plaintiff
sustained a significant permanent orthopedic injury stemming from
the accident. The plaintiff also sustained extensive scarring to her
face from glass shards. Her psychologist testified that the plaintiff
suffered from post-traumatic stress disorder and depression over her
disfigurement and that she requires continuing psychological treatment.
The plaintiffs seatbelt expert opined that the plaintiffs ankle
and femur fractures were caused on impact when the floor of the car
buckled. This expert opined that the injuries were sustained prior
to the plaintiffs ejection from the vehicle and, therefore, a seatbelt
would not have prevented the injuries. Similarly, the plaintiffs
expert believed that the plaintiffs facial scaring was a result of
the other vehicle invading the passenger envelope of the rental car
which also occurred prior to the plaintiffs ejection from the vehicle.
The defendants psychologist conceded that the plaintiff suffers depression
related to her facial scarring. The defendants seatbelt expert opined
that a seatbelt would have prevented the plaintiffs ejection from
the vehicle and that most of her injuries occurred as a result of
the ejection.
The case settled prior to trial for a total of $________.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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