Articles Posted in Car Accident

Recently, the district court of appeals for the State of Florida Fifth District issued an opinion in an appeal involving a negligence claim by the Appellant, Carol Ann Kulzer, who claimed injuries and damages in her suit against the Appellees, Greenleaf Trust, and an employee, Sarah Marie Way. Ms. Way was running errands related to her employment with Greenleaf, such as inspecting and readying condominium units for sale when she stopped for lunch. Following lunch, she was heading back to a condominium for a business meeting when she negligently collided her car into the car driven by Ms. Kulzer. At trial, the court granted Greenleaf’s motion for summary judgment, absolving it from any vicarious liability to Ms. Kulzer. Ms. Kulzer appealed, arguing that Ms. Way was within the course and scope of her employment at the time of the wreck, and the appellate court agreed, reversing and remanding the decision for further proceedings.

Facts of the Case

Ms. Way ordinarily worked for Greenleaf in Kalamazoo, Michigan, but was temporarily assigned to work in Ormond Beach, Florida. Her role in Ormond Beach involved inspecting a condominium unit left to Greenleaf. Inspecting the unit consisted of dealing with some of its contents, helping prepare it for market, listing, and sale. Greenleaf paid all of Ms. Way’s expenses associated with her travel and work in Ormond Beach, including her meals. On the day of the incident in question, Ms. Way traveled to the condominium in the morning, left the premises around noon, and was scheduled to attend a 2:00 p.m. work-related meeting at the condo. After leaving her lunch to return to work, Ms. Way caused the wreck with Ms. Kulzer that prompted the suit around 1:46 p.m.

At trial, Ms. Kulzer sued Ms. Way for her negligence in causing the accident and sued Greenleaf on the theory that it was vicariously responsible for the negligence of its employee committed during the course and scope of her employment. Ms. Way admitted fault for the accident. Greenleaf moved for summary judgment, claiming that Ms. Was not within the course and scope of her employment at the time of the wreck. Under current Florida law, known as the coming and going rule, when an employee is on a single-purpose, personal lunch break, away from the workplace, and not engaged in the employer’s business in any manner, the employee is not considered to be within the course and scope of employment for workers’ compensation purposes. Based on the facts presented at trial, the trial court granted Greenleaf’s motion for summary judgment, concluding that under the coming and going rule, Ms. Way was not acting within the scope of her employment.

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Recently, the district court of appeals for the State of Florida Fourth District issued an opinion in an appeal involving a hit-and-run liability claim by plaintiff Alicia McKee against defendant Crestline Hotels & Resorts, LLC d/b/a Hilton Singer Island Oceanfront/Palm Beaches (Crestline). The case arises from a hit-and-run auto accident that seriously injured the plaintiff and killed her husband. The plaintiff sought to impose liability against Crestline on a theory of respondeat superior—that the accident was caused by a Crestline employee acting within the scope of his employment. The circuit court concluded as a matter of law that the employee driver was not acting in the scope of his employment when he hit the plaintiff and her husband in a crosswalk. McKee appealed.

Facts of the Case

On an evening in December 2017, Alicia and Paul McKee were visiting West Palm Beach. At about 9:13 p.m., they began to cross Quadrille Boulevard in the crosswalk at Hibiscus Street on a do-not-walk signal. As they crossed, they were struck by an SUV driven by Anthony Horsford. Horsford had a green light as he traveled south on Quadrille. Although Horsford denied speeding, an eyewitness estimated that Horsford was going about 40 to 50 mph in a 35 mph zone. After the collision, Horsford stopped, got out of his vehicle, looked at the McKees lying in the street, and then drove off.

On the day of the incident, Horsford was employed by Crestline as a banquet manager at the Hilton Singer Island Resort. He did not have set hours or punch a time clock. His duties included setting up and overseeing banquet events, and his responsibility for an event continued “until everything was cleaned up.” He was thus in charge of every part of the banquet “from start to finish.” On the day of the incident, Horsford left a banquet around 8:45 p.m. About 10-15 minutes into the drive, Horsford felt like he hit a “pothole” as he was driving south on Quadrille. He testified that he was not on his cell phone or otherwise distracted at the time of impact. Prior to feeling like he hit a pothole, he did not see anyone near the roadway. Although Horsford denied making any phone calls or using his cell phone during his drive home, other evidence shows that Horsford was using his personal cell phone near the time of the incident. This evidence was ambiguous, however, as to whether he was using his phone to place a work-related call at the precise moment his car struck the McKees.

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From year to year, Florida is consistently one of the states with the most annual traffic accidents. One of the most common ways to measure the risk of fatal car accidents from state to state is the metric of deaths per 100 million miles traveled within a particular state. This statistical measurement is helpful for calculating driving risks for various states while controlling for disparities in population from state to state. According to the Insurance Institute for Highway Safety, the deaths per 100 million miles traveled within Florida is 1.60, placing it ahead of all but a few other states in the nation when it comes to drivers and passengers killed in car accidents.

Fatalities in Florida car accidents have been on the rise since 2018, and currently, nearly 40% of all Florida vehicle crashes result in injuries. Accidents occurring on highways can be especially devastating due to the higher speed limits on highways, resulting in more serious outcomes than crashes occurring at slower speeds. The harm isn’t reserved for people in cars either. Florida sees a significant amount of pedestrian deaths and injuries stemming from car accidents. Drivers should always be aware of their surroundings and be cautious of pedestrians walking and interacting around the road.

When it comes to vehicle accidents, drivers and passengers in Florida need to be aware of the variety of factors that can be used to calculate pain and suffering damages after a car collision. These factors include but are not limited to the injury category, the time required for recovery, treatments, and the severity of the crash. These different elements can help pinpoint the necessary compensation in court after a car crash. Many of these factors are related, as the more serious the crash, the more likely the time to fully recover will be longer. A recent news article discussed a recent dangerous crash in Miami-Gardens where impaired driving was a suspected cause.

Recently, the district court of appeals for the State of Florida Fourth District issued an opinion in an appeal involving a negligence claim by the appellant, Ebsary Foundation Company (Ebsary), against the appellee, Thomas C. Servinsky and Marie L. Servinsky. The Severinskys punitive damages claim is based on the allegation that Ebsary negligently hired Michael Pool (Pool) and gave him a company vehicle. While in that company vehicle, Pool crashed into Thomas Servinsky and caused significant injuries. The Servinskys filed a negligence claim against Ebsary. The circuit court issued an order granting Servisnky’s motion for leave to amend to state a claim for punitive damages. Ebsary appealed.

Facts of the Case

In October 2016, Ebsary hired Pool as a superintendent and provided him with a company vehicle. In December of that same year, Pool was driving that company vehicle when he crashed into Servisnky, who was also driving. The crash totaled both cars and caused significant injuries. Servinsky and his wife sued Ebsary, Pool, and the Geico General Insurance Company. The Servinskys filed an amended complaint alleging, in part, negligence against Pool, vicarious liability against Ebsary, and negligent hiring against Ebsary.

The first amended complaint also included a claim for punitive damages against Pool. The circuit court granted Servinsky’s motion for leave to amend the complaint to include the punitive damages claim against Pool and the negligent hiring claim against Ebsary. Later the Servinskys again sought to amend their complaint to assert a claim for punitive damages against Ebsary. The circuit court allowed the amendment and Ebsary appealed shortly after.

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Speeding is one of the main causes of car accidents throughout the country. High-speed driving increases both the severity and the likelihood of car crashes. Driving at higher speeds makes it more difficult to react to mistakes on the road from yourself or other drivers, such as quickly stopped cars and rapid deceleration. Additionally, higher speeds lead to more serious crashes when drivers do collide with other vehicles or obstacles. Florida is no exception, with the state experiencing extremely high levels of car accidents and auto fatalities. According to a report from the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), in 2021, car accidents spiked throughout Florida after two straight years of decline. Throughout 2021, Florida saw 401,170 total car accidents. Additionally, approximately 40% of car accidents in Florida result in fatalities. The FDHSMV found that fatal car accidents have been on the rise throughout Florida. A recently published news article discusses a dangerous multi-car crash in Okaloosa County.

According to the news report, the accident occurred in the evening on Friday, November 3, when a black Jeep traveling north on State Road 4 nearly collided with a white Chevy that was stopped. The driver of the black Jeep nearly collided with the rear of the white Chevy, swearing into the southbound lane, crashing head-on with a white Hyundai. The spinning black Jeep then struck the white Chevy. According to the Florida Highway Patrol stated that the crash resulted in serious and critical injuries for both the driver and passenger of the black Jeep. Authorities shut down State Road 4 for an extended period of time for roadway cleanup, and the investigation is still ongoing.

In Florida, surviving family members can sue for wrongful death following a fatal car accident by filing a lawsuit in a civil court. Prior to filing a claim, the family members need to gather evidence to support the claim, prove liability, determine the value of their claim, meet the statute of limitations, and then file the claim with the court. According to Florida statutes, a wrongful death claim brought by surviving family members of a car passenger can result from accidents where the death is caused by “the wrongful act, negligence, default, or breach of contract” of another party. An attorney can evaluate the details of your case and determine if you are eligible to file a wrongful death claim based on the details of the case.

Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a negligence and vicarious liability claim by the Plaintiffs-Appellees, the estates of four women who died in a car accident, against the Defendant-Appellant, Discount Rock & Sand, Inc. Following the fatal car accident, the women’s estates sued Carlos Manso Blanco, the driver who rear-ended their car, for negligence, and the estates sued Blanco’s employer, Discount Rock & Sand, Inc., for negligently entrusting the company’s truck to Blanco and for vicarious liability for Blanco’s negligent driving. After the estates and Blanco settled, the district court ordered the estates to file a stipulation of dismissal under Federal Rule of Civil Procedure 41(a), which they did. Based on the stipulation, the district court ordered the dismissal of the claim against Blanco. The remaining claims against Discount Rock went to trial, and the jury found the company liable and awarded nearly $12 million in damages to the estates. Discount Rock then appealed the judgment.

Facts of the Case

In March 2018, four Spanish citizens vacationing in the Florida Keys were killed in an automobile accident. The four women were traveling northbound on U.S. Route 1 (the Overseas Highway) and stopped near mile marker 79 to turn left into a scenic viewing area. Two vehicles, driven by Cheyenne Del Okeyes and Eduardo Ponce, passed the women’s Nissan Rogue sport utility vehicle on the righthand shoulder. But a third vehicle—a truck outfitted with a large tank holding water and sewage and hauling a port-a-potty—slammed into the Nissan. The truck, which was owned by Discount Rock and driven by its employee, Blanco, propelled the Nissan into oncoming traffic, into the path of a recreational vehicle driven by Daniel Pinkerton. All four women died at the scene.

The women’s estates sued Blanco for negligence and Discount Rock for negligent entrustment and for vicarious liability for Blanco’s negligence. The estates sought compensatory and punitive damages. The estates and Blanco settled, while the remaining claims against Discount Rock proceeded to trial. At trial, the jury found Discount Rock liable and awarded nearly $12 million in damages to the estates.

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In a recent case, the Fifth District Court of Appeal for the State of Florida issued an opinion in an appeal involving a wrongful death case arising out of a single-vehicle crash that resulted from the failure of a fourteen-year-old tire. The Plaintiff/Appellee, filed as the personal representative of the estates of her husband and their son, suing the Defendant/Appellant Discount Tire Co., a retail tire sales and service store. The Appellee claimed during the ensuing jury trial that Discount Tire breached certain industry standards.

In February 2017, the Appellee’s husband took his truck to Discount Tire where he purchased two new tires which were installed on the rear wheels while the older rear tires were rotated to the front. Four months later, while driving his truck on I-95 at highway speeds, the truck’s left front tire experienced a tread separation resulting in a loss of control that led to a crash in which both the Appellee’s husband and their son were killed. In her complaint and at trial, the Appellee asserted that the left front tire that failed was dangerous and likely to fail due to the fact that it was allegedly more than ten years old. She further asserted that Discount Tire was negligent for having serviced that older tire, i.e., rotating it to the front from the rear, and that “industry standards” called for taking tires of that age out of service.

The Appellee’s tire engineer and failure analysis expert testified that the fourteen-year-old tire failed because it was too old. At trial, another of Appellee’s experts testified about Discount Tire’s internal policy: employees at its stores were not to service any tire that was over ten years old. However, he did not identify any existing standards in Discount Tire’s industry regarding older tires that the Appellant had violated in this case.

Florida is consistently ranked very high on the list of states with the highest number of hit-and-run accidents each year. Through August of 2022, Florida had already reported 52,791 hit-and-run car accidents throughout the state. Additionally, hit-and-run accidents resulted in 11,494 reported injuries and 119 fatalities in Florida in 2022. There are many reasons why a driver may flee the scene after an accident. The primary motivating factor is likely that the driver wants to avoid the legal or financial consequences of the accident. Depending on the cause of the crash, drugs, alcohol, outstanding warrants, texting, or distracted driving, there could be serious legal ramifications, leading to the driver leaving the scene. Other reasons, such as lacking proper insurance, holding a commercial driver’s license, or driving the vehicle without permission, could result in significant financial consequences for the driver, leading them to flee the scene.

Florida drivers and pedestrians should be aware of some of the elements involved in calculating pain and suffering damages after an accident. Such factors can be used to determine the value and compensation in court after a crash or auto accident. (1) the type of injury and seriousness of the harm, (2) the amount of recovery time required, and (3) the necessary treatment required by the injury. These issues are related to each other. For example, generally speaking, if your injury is more serious, the recovery time and treatment required will be more elaborate and will often result in greater compensation. Subsequently, if your injury is relatively minor and there is not a ton of pain associated with it, any damages awarded may be on the lower end. A recent news article discussed a fatal Florida hit-and-run crash that occurred in September 2023.

According to the news article, the incident began when a Chevrolet SUV and a Dodge pickup truck collided at an intersection. A 34-year-old man passing the scene of the crash stopped to help. At that point, a Honda van struck the Dodge pickup truck, knocking it into the 34-year-old and killing him. The driver of the Honda van then left the vehicle at the scene and fled on foot.

Year after year, Florida is one of the states with the most traffic accidents. While it can be difficult to gauge car accident statistics from state to state, one of the most common ways to measure the risk of fatal car accidents across states is the metric of deaths per 100 million miles traveled within a state. Using this statistical format can be helpful to calculate driving risks in a state while controlling for disparities in population between different states, allowing for a more true comparison.

According to the Insurance Institute for Highway Safety, the deaths per 100 million miles traveled within Florida is 1.60, placing it ahead of all but a handful of other states in the country when it comes to drivers and passengers killed in car accidents. Fatalities in Florida car accidents have been rising since 2018, and currently, nearly 40% of all vehicle crashes result in injuries. Crashes occurring on highways can be particularly dangerous due to the higher speed limits on highways, resulting in more serious implications than crashes occurring at slower speeds.

When it comes to vehicle accidents, drivers and passengers in Florida need to be aware of a number of different factors that can be used to calculate pain and suffering damages after a car collision. These factors include but are not limited to the category of injury, the recovery time required for such an injury, necessary medical treatments, and the severity of the crash. These different factors can help pinpoint the necessary compensation in court after a car crash. Many of these elements are related, as the more serious the crash, the more likely the time to fully recover will be longer. A recent news article discussed a recent fatal crash in Poinciana, Florida, from last month.

In a recent case, the District Court of Appeal of the State of Florida Fourth District issued an opinion in an appeal involving a negligence action arising from a car accident. The negligence action occurred between the plaintiffs and the defendant after the defendant hit a golf cart with her car, potentially injuring the plaintiffs in the process. The plaintiffs alleged that the defendant’s conduct amounted to gross negligence and sued. The defendant appealed the trial court’s order granting the plaintiff’s motion to amend their complaint to plead a claim for punitive damages.

The underlying accident occurred in the morning on a residential street located inside a gated country club housing community. A resident had stopped his golf cart on the side of the street to speak with the plaintiffs approximately four to five feet past an intersection. The plaintiffs were standing in the street between the golf cart and the sidewalk when the defendant drove her car around the corner and onto the street with the golf cart and the plaintiffs. In the process of entering the street, the defendant collided with the golf cart and hit both of the plaintiffs. The plaintiffs claimed that one of them suffered from permanent injuries as a result of the crash. Subsequently, they sued the defendant for loss of consortium and later moved to amend the complaint to add a claim for punitive damages based on gross negligence.

In the proposed amended complaint, the plaintiffs alleged that the defendant had a habit of speeding in the community, that she was speeding at the time of the accident, and that she ran the stop sign at the corner of the intersection before turning onto the street where they were standing. In support of the allegations, the plaintiffs submitted their own answers to interrogatories, an affidavit from the golf cart owner, and a proffer of testimony from the resident with the golf cart. The court granted the motion to amend and the defendant timely appealed.

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