Motorist Struck While Standing By Damaged Vehicle Settles Florida State Vehicular Negligence Action Against Driver/Employer For $ 6.65 Million
On Dec. 21, 2015, plaintiff Andrea Mirabal was standing on the side of the road inspecting minor damage to her vehicle from a fender bender when she was struck by a vehicle being operated by defendant Christopher Petricone, Jr., pinning her between the two vehicles. Petricone was allegedly operating the motor vehicle in the scope of his employment with defendant Lotspeich Company, Inc. at the time of the accident. Plaintiff sustained serious injuries as a result of being struck by Petricone's car, including bilateral comminuted fractures of the tibia and fibula requiring seven surgeries, 35 days of hospitalization, and intense physical therapy, with medical bills in excess of $ 1,000,000. Additionally, plaintiff would likely require at least one knee replacement.
Plaintiff filed a complaint against defendants on April 4, 2016 in the Florida Circuit Court for the Eleventh Judicial District. Plaintiff's counsel relied on data from the black box in Petricone's vehicle to show he didn't brake until two seconds before impact despite the fact that plaintiff's flashers were on. Defendants served a notice of serving proposal for settlement on Sept. 30, 2016.
A settlement of $ 6,650,000 was reported on Dec. 12, 2016.
Lexis Advance subscribers may view the complete summary, including counsel and expert information, here: Andrea Mirabal v. Christopher John Petricone, Jr., and Lotspeich Company, Inc; 2016 Jury Verdicts LEXIS 9625
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