South Florida Personal Injury Lawyers Blog
In a recent case, the Third District Court of Appeals in Florida issued an opinion in an appeal involving a negligence case between plaintiffs, Anny K. Berastain and her daughter, Natalie, and the defendant, Miami-Dade County (the County). The plaintiffs filed a negligence action following injuries suffered by Natalie while she was in the care of the County’s after-school program. The trial court denied the County’s motion for a directed verdict, new trial, and remittitur. The County then appealed following a final judgment after a jury verdict in favor of the plaintiffs. The appellate court was unimpressed by the appeal and affirmed the final judgment as well as the trial court’s orders denying the County’s motion for directed verdict, a new trial, and remittitur.
Facts of the Case
According to the allegations at trial, on May 13, 2015, Natalie, who was seven years old at the time, was injured as a result of the County’s negligent supervision of the children in her after-school program. According to the operative complaint, the children were engaged in disorderly and dangerous practice, and the County failed to properly supervise them. At trial, the County denied that it breached any duty to Natalie or that any such breach caused her injuries. Multiple witnesses testified at the three-day trial, including Natalie, Ms. Berastain, and the County employee who was supervising Natalie on the day of the incident, Monique Perez. Ultimately, the jury determined that the County was 95% negligent and that Natalie was 5% negligent and subsequently awarded damages of $3,954.84 for past medical expenses, and $105,000 for Natalie’s past pain and suffering.