Lee County

(26) JIRI RENOTIERE and MARIE RENOTIEROVA vs. WALDEMAR BARANOWSKI (Circuit Court of Lee County, Florida)

 

County/Docket #/Judge: Lee / 09-CA-005110 / Joseph Fuller

 

Plaintiff(s) Attorney(s): Randall L. Spivey of Spivey Law Firm, P.A., Fort Myers, FL

 

Defendant(s) Attorney(s): Kenneth M. Oliver and Peter Kamm of Kubicki Draper, Fort Myers, FL

 

Age/Sex/Occupation Of Plaintiff: 57 / M / Not employed

 

Cause Of Injury: Negligence/Motor Vehicle Collision/Loss of Control/Passenger and Driver Ejected. On May 20, 2009, plaintiff Jiri Renotiere was a front seat passenger in a Dodge Caravan being driven by defendant Waldemar Baranowski. As they were traveling northbound on Highway 17 in Arcadia, FL, defendant lost control of the vehicle. Plaintiff and defendant were both ejected. Plaintiff claimed that defendant was negligent in driving in excess of the speed limit on the wet roads. Defendant claimed that plaintiff was negligent in failing to wear a seat belt. Plaintiff’s wife Marie Renotierova filed a claim for loss of consortium.

 

Nature Of Injury: Third degree burns on left shoulder, upper back, chest, left ear, and feet; facial fractures.

 

Expert Witnesses: 

Plaintiff's:

David J. Smith, Jr., M.D., Plastic Surgery, Tampa, FL

Craig Lichtblau, M.D., Physical Medicine and Rehabilitation, North Palm Beach, FL

Frederick Raffa, Ph.D., Economics, Orlando, FL

Anthony Sasso, P.E., Accident Reconstruction, Tallahassee, FL

 

Defendant's:

Robert Brueck, M.D., Plastic Surgery, Fort Myers, FL

Farhad Booeshaghi, Biomechanics and Accident Reconstruction, Tallahassee, FL

 

Verdict: $2,703,000 for Plaintiffs on Feb. 10, 2012 ($500,000 – past medical expenses; $500,000 – future medical expenses; $500,000 – past pain and suffering; $500,000 – future pain and suffering; $3,000 - property damage; $500,000 – past loss of consortium; $200,000 – future loss of consortium).

 

Plaintiff's Attorney's Comments: Defendant asserted a comparative negligence defense based on plaintiff’s failure to wear a seat belt. Plaintiff was completely ejected from the vehicle. Defendant’s expert testified that plaintiff’s injuries were caused by his failure to wear a seat belt. Plaintiff’s expert testified that the seat belt would not have made a difference and that, in fact, it was lucky that plaintiff did not have a seat belt on because the vehicle caught on fire after the crash. The jury found that plaintiff was not comparatively negligent and placed 100% liability on defendant. A bad faith claim is being pursued against defendant’s insurer, GEICO.