From left to right: Attorney Talley Kaleko of Brooks LeBoeuf in Tallahassee, plaintiff Duane Washington, and attorneys Ben Crump of Ben Crump Law in Tallahassee and Robert Cox of Robert Cox Law in Tallahassee. Courtesy Photo

A personal injury lawsuit that could have settled for $1 million has instead resulted in what attorneys say is a historic $411 million jury verdict for a trial conducted entirely online.

Tallahassee attorneys Ben Crump, Robert Cox and Talley Kaleko represent plaintiff and former U.S. Army sergeant Duane Washington, who sued after he was partially paralyzed in a 45-car pileup on the Interstate 10.

Attorneys said Washington's virtual jury trial against Pinecrest trucking company Top Auto Express Inc. was the first in northern Florida's Second Circuit Court and resulted in what appears to be the largest Zoom verdict yet.

"We evolve," Crump said. "This case is a good precedent for people around the state and around the country to know that people still can have access to justice, even during the COVID-19 pandemic."

It was a trial Crump said ushered in a "miraculous" discovery: that online litigation doesn't have to mean jurors lose their connection to a case.

Washington's life changed on July 24, 2018, when two 18-wheeler trucks lost control during bad weather. Washington, who was riding a motorcycle, tried to head toward a medium, but was left permanently injured after crashing into a truck that had stopped in the emergency lane without lights on.

Now, Washington's attorneys say he's in constant pain and has metal rods, plates and wires throughout his body after spending about six months in hospital with critical injuries.

Top Auto's car hauler allegedly crashed into six cars, which sent a car flying from its upper ramp, according to case filings, which said it denied liability. But the defendant defaulted after repeatedly failing to cooperate with discovery requests, so its trial centered around damages.

Top Auto did not immediately respond to a phone call seeking comment. Michael Sastre of Sastre Saavedra & Epstein in Miami represented Top Auto until a few months before trial, when he withdrew citing irreconcilable differences.

The defendant also rejected a $1 million insurance policy limit settlement offer, according to Washington's lawyers.

'Great victory for justice'

Cox said he worried that not enough potential jurors would tune in after Gadsden Circuit Judge David Frank sent out summons to 60 people. But almost 40 entered the online courtroom for voir dire, where the attorneys selected six jurors and an alternate.

And with help from Tallahassee legal support company LawCite and its co-founder Jennifer Seymore, technicians assisted jurors with technological issues and dispatched computers and hotspot connections to those in need.

"As demonstrated many times, for the justice system to be fair, it has be accessible to everyone," Cox said.

It was fascinating, in Crump's view, to watch the pandemic push jurors to learn new skills.

"It was just, I thought, incredible to see how much people wanted to do their duty, to be a jury of peers, and even though some of them did not understand the technology, this process actually helped them learn," Crump said. "So I thought it was a great victory for justice all around, because we don't know how long this pandemic is going to be upon America and the one thing we cannot afford to do is to stop the wheels of justice."

Then, another hurdle, as Frank found it would be impractical to have the trial last more than a day.

"How do we squeeze what would be a five-day extensive jury trial with millions of dollars in medical bills and lost wages and all kinds of witnesses and into a single day?" Cox said. "By the time we picked the jury, we had five hours to work with."

And with online trials still a new phenomenon, the team felt plenty of eyes on their case.

"I understand that the U.S. Supreme Court is going to have hearings next week via Zoom, so we had a lot of people watching what Bob and I and Talley were doing in this trial, with the judge's direction and guidance," Crump said. "The one thing everybody worried about is, when you've got people at home on their TVs and computer screens, would you be able to connect with them like when you were in a courtroom?"

Crump said he was heartened to find that human emotions weren't lost online — and, in fact, there wasn't a dry eye during Washington's testimony, during which one juror literally sobbed.

'Their superhero'

Crump recalled how Washington — usually quiet and reserved — explained that there were two things he was good at: being a soldier and being a father to his three sons.

"Sergeant Washington was admired and respected by everybody, and would always be there to help people when they needed help. But he said Sergeant Washington died on the side of the road that day on July 24, 2018," Cox said. "And they [Washington's sons] had to watch their father, who was their superhero, broken down."

Crump and Cox described their client as an incredible father and software engineer with a master's degree.

During closing arguments, Crump reminded jurors of their oath to deliver justice, and told them a story that his late uncle once told him. It came from the Book of Job in the Hebrew Bible, which describes why God allows pain and suffering.

"God chooses his best soldiers for his toughest assignments," Crump said. "So, this assignment was given to Duane Washington to be a testimony. I told the jury, 'You also have been given an assignment, and that is to do justice on behalf of Duane Washington and his three sons. And you have been instructed by the court that you must, based on the evidence and the irreparable harm caused by Top Auto trucking company, must return full compensation for the amount of damages that he suffered.' "

Read the verdict form: 

Raychel Lean

Raychel Lean

Raychel Lean is ALM's Florida bureau chief, overseeing the Daily Business Review. Email her at [email protected] or follow her on Twitter via @raychellean.

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