Collier County

(12) FLOR DASILVA, as Personal Representative of the Estate and Survivors of DARLING M. DASILVA, decedent vs. DANNY J. MULLALY (Circuit Court of Collier County, Florida)

 

County/Docket #/Judge: Collier / 05-1487-CA / Daniel R. Monaco

 

Plaintiff(s) Attorney(s): Frederick "Rick" Freedman and Adam Doner of Gordon & Doner, Pembroke Pines, FL

 

Defendant(s) Attorney(s): Robert G. Terrell and Cassius Borel of George, Hartz, et al., P.A., Fort Myers, FL

 

Age/Sex/Occupation Of Plaintiff: Decedent: 20 / F / College student.  Survivors included decedent’s mother Flor Dasilva: 40 / F / n/a and Luis Dasilva: 44 / M / n/a.

 

Cause Of Injury: Wrongful Death/Motor Vehicles/Driver Struck Broadside While Car Being Towed Across Highway. On Sept. 14, 2003, the decedent, Darling Dasilva, had gotten her black Honda Civic stuck trying to cross a median on Alligator Alley. At around 12:44 a.m., a friend of the decedent, Jose Hernandez, pulled her vehicle out using his Blazer and a cable. The decedent was in the Honda, which was in reverse and being towed backwards out of the median. Hernandez was pulling the Honda to the emergency lane on the other side of the road. At the same time, defendant Danny Mullaly was traveling on Alligator Alley at approximately 75 mph. He allegedly saw red lights of what appeared to be a slower moving vehicle in his right lane. He started a lane change but then allegedly saw girls on the right side of the road waving. He looked back to the roadway and saw the Honda broadside in his lane of travel. Defendant's vehicle hit the Honda on the driver's side door area. The decedent was later pronounced dead on the scene of the accident. Plaintiff Flor Dasilva contended that defendant was traveling at speeds of up to 100 mph prior to impact and that the accident would not have occurred if the defendant had his bright lights on. Defendant contended that the decedent and Hernandez violated his right of way, that the impact speed was between 60 and 63 mph, and that his vehicle would have been visible to Hernandez prior to starting his towing.

 

Nature Of Injury: Darling Dasilva: Death. Flor and Luis Dasilva: Pain and suffering.

 

Expert Witnesses:

Plaintiff's:

Robert Cunit, Ph.D., CHFP, Human Factors, Annapolis, MD

Bryant Buchner, Accident Reconstruction, Tallahassee, FL

Michael Hughes, M.D., Psychiatry, Miami, FL

 

Defendant's:

Ken Bynum, Accident Reconstruction, Miami, FL

Robert Kennedy, Human Factors, Orlando, FL

 

Verdict: For Defendant on Feb. 22, 2010.