Rierson v. David Deveau, Latrice Pla and Abraham Baker

Scott Black and Matthew Francis (Florida Keys) (Auto Liability) obtained a defense verdict after a three week jury trial against Progressive insureds in Monroe County, Florida. Plaintiff, a 19 year old local female, sought $37 million dollars in damages as the result of being struck by two Progressive insureds while crossing US-1 at night in the Florida Keys. The undisputed medical evidence indicated Plaintiff, while lucky to be alive, sustained a traumatic brain injury and multiple life altering physical injuries to almost all areas of her body. The Plaintiff presented evidence of past and future economic damages totaling $17 million dollars. Defense experts estimated her past and future economic damages to range from $3-$5 million dollars. Although the damages were compelling and significant, the defense was able to establish the accident was unavoidable for the insureds. Mr. Black and Mr. Francis, while highlighting a lack of evidence in the Plaintiff’s liability case, presented testimony from Dr. James Ipser that seemed to control the outcome of the case. Dr. Ipser, based on the attending conditions, vehicle characteristics, and human factors, testified the insured could not have taken evasive action based on the short time frame and distance at which she first observed the Plaintiff in the roadway (1.5 – 2.0 sec). Plaintiff, utilizing the services of Rick Swope, unsuccessfully argued both defendants had sufficient time to observe and avoid striking the Plaintiff. In the end, Vernis & Bowling was able to successfully argue there was an absence of credible evidence of negligence on the part of the insured resulting in a finding of no liability. Motions for final judgment and costs are pending.