After a Florida court entered a default judgment against an uninsured defendant, a jury awarded the plaintiff – who alleged that he had suffered life-altering injuries in a collision with the defendant's tractor-trailer truck – $5 million.
Facts & Allegations
Shane Barton, a construction worker, was involved in a collision with a tractor-trailer truck. He sued the driver of the truck, Nelson Rivera, and his trucking company, Rivera Express, for negligence.
Mr. Barton's counsel claimed that Mr. Barton was driving when the truck, in an attempt to make a U-turn, violated Mr. Barton's right of way by stretching the truck bed over two lanes of the road. This allegedly caused Mr. Barton to apply his brakes and skid for approximately 70 feet, with his vehicle becoming lodged underneath the truck.
Mr. Rivera did not appear in court for the trial and the trial court issued a default judgment for liability. He had no legal representation.
On the day of the accident, Mr. Rivera's insurance policy had been cancelled, and Mr. Barton also did not have vehicle insurance.
The trial addressed damages.
Result
The jury awarded Mr. Barton $5 million.
The case is Barton v. Rivera, No. 2015-CA-3656-O (Fla. Orange Cty. Circ. Ct. Nov. 2, 2016). Attorneys involved include: Beth Aires; NeJame Law; Orlando, FL, for Shane Barton; Jason J. Recksiedler; NeJame Law, P.A.; Orlando, FL, for Shane Barton.
FC&S Legal Comment
This report is based on information provided by plaintiff's counsel. Defendant had no legal representation.
To see the full detailed report from our ALM partner, VerdictSearch, please click here.
Take the guesswork out of your claims settlements.
Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].