Florida Jury Awards $100,000 in Wrongful Death

On August 13, 2009, a fatal motor vehicle collision occurred in Florida. A driver was attempting a left turn from a business driveway onto Marcum Road. The driver of a tractor-trailer, who was stopped nearby, allegedly signaled for the turning driver to proceed. As the turning driver pulled onto Marcum Road, another vehicle traveling westbound collided with her vehicle, resulting in her death.

The personal representative of the deceased driver's estate filed a wrongful death complaint in Florida Circuit Court, Tenth Judicial Circuit, on April 5, 2010. The plaintiff alleged negligence against the driver of the westbound vehicle for various violations, including speeding and failing to maintain a proper lookout. Negligence was also alleged against the tractor-trailer driver for signaling, and against the tractor-trailer's owner, Rowland Transportation, Inc. The plaintiff further asserted a claim for uninsured/underinsured motorist benefits against State Farm Mutual Automobile Insurance Company, alleging inadequate coverage from the at-fault drivers, and sought damages for loss of consortium.

The court approved a settlement between the plaintiff and the westbound vehicle's driver on January 4, 2011. Subsequently, on July 17, 2011, the court granted summary judgment in favor of the tractor-trailer driver and Rowland Transportation, Inc., entering final judgment for them. The remaining claim against State Farm proceeded to a jury trial.

On September 8, 2011, the jury rendered a verdict in favor of the plaintiff and against State Farm, awarding $2,010,740. The jury found the deceased driver 80 percent negligent and the westbound vehicle's driver 20 percent negligent. On October 7, 2011, the court entered a partial final judgment against State Farm for $100,000, an amount reflecting the jury's comparative negligence finding and applicable policy limits.