Plaintiff Expert Witness Disclosures In Florida Action Resulting In $ 3.92 Million Verdict For Family Of Mother, Son Killed When Tractor Trailer Struck Car Disabled By Drunk Driver
On Dec. 2, 2012, at around 2:30 a.m., a vehicle being operated by defendant Lanessa Riobe rear-ended a vehicle in which Eliezer Maldonado, Sr., (34-year-old father-husband) Deborah Maldonado (35-year-old mother-wife), Eliezer Maldonado, Jr., (12-year-old son) and A.M. (10-year-old daughter) were riding. The impact caused the Maldonado vehicle to spin, strike a guardrail and become disabled in the middle lane of I-275. The family sustained minor injuries and Eliezer, Sr. and A.M. were able to exit the vehicle. A few minutes later, defendant Theorphilus Clark, operating a semi-tractor/trailer for defendants Peoplease Corp. and Wayne T. Fellows, Inc., struck the disabled Maldonado vehicle, killing Deborah and Eliezer, Jr.
Plaintiff Eliezer Maldonado, Sr., filed a wrongful death action against defendants in the Circuit Court of Marion County, FL, claiming that Clark had been operating the vehicle while fatigued and negligently caused the second and fatal collision. Clark, Peoplease, and Wayne T. Fellows claimed that the negligence of Riobe in driving while intoxicated was the sole cause of the first and second collisions. Riobe proceeded pro se. The action proceeded to a jury trial before Judge Lisa Herndon.
On Feb, 17, 2017, the jury returned a $ 3,915,844 verdict for plaintiffs, including $ 15,344 for funeral expenses, $ 1,400,500 in damages of Eliezer Soto Maldonado, Sr., and $ 2,500,000 in damages of A.M. The jury found Clark 22% negligent and Riobe 78% negligent. The verdict amount was prior to reduction for proportionate fault.
Plaintiff was represented by Marianne Howanitz of Marianne Howanitz, P.A. in Ocala, FL, as well as Daniel T. Ramsdell and Jonathan P. Davis of Ramsdell Law Firm, LLC in Springfield, MO. Defendants were represented by the following: Richard S. Womble of Rissman, Barrett, Hurt in Orlando, FL; Susan Seigle and Griffith J. Winthrop of Alvarez, Winthrop, Thompson, & Storey, P.A. in Orlando, FL; Daniel Kissane, James T. Sparkman, and Ryan K. Williams of Cole, Scott & Kissane, P.A. in Jacksonville FL.
Lexis Advance subscribers may view the complete summary here: Eliezer Soto Maldonado, Sr., et al., v. Theorphilus Clark, Peoplease Corporation, Wayne T. Fellows, Inc., and Lanessa Riobe; 2017 Jury Verdicts LEXIS 284
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