Kenneth Amos and William Gula (St. Petersburg, FL) (Automobile Liability) obtained a Defense Verdict in Pinellas County Circuit Court.
The plaintiff was involved in an automobile accident in Clearwater. Lopez wanted to go around the vehicle in front of her. She thus drove into a painted oval median between the two lanes. The median has a double-yellow line as a border with shorter hashmarks inside of it. At the same time, another driver was operating a sedan and exiting a nearby parking lot. The driver crossed one lane of travel and attempted to enter the same median so she could make a left turn. The right front of Lopez’s vehicle hit the left front of the sedan. Lopez claimed injuries to her neck and back plus an injury to a hip.
Lopez claimed that the tortfeasor made an improper left turn, but conceded that she went into the median to go around slower traffic. However, she contended that other drivers do this, as well. In closing, plaintiff’s counsel argued that the jury should assign no more than 25 percent liability to Lopez. The defense maintained that Lopez was fully liable for improperly driving into the median.
Lopez sought recovery of $1.3 million in past and future lost earnings. She also sought recovery of past and future medical expenses and damages for her past and future pain and suffering.
The jury issued a Defense Verdict. It found that there was no negligence by the tortfeasor that was a legal cause of injury to Lopez.