Pinellas County Jury Awards $120,080 in Rear-End Collision

On November 16, 1989, a plaintiff operating a vehicle northbound on U.S. 19 near Alderman Road in Pinellas County was rear-ended by a dump truck. The dump truck was owned by a corporate defendant and operated by an individual defendant. The plaintiff subsequently filed a lawsuit, alleging negligence and a violation of Florida Statute 316.263, which requires vehicle brakes to be maintained in good working order. The claim against the individual defendant driver was later dismissed.

The defendants contended that the plaintiff had changed lanes directly in front of the dump truck just prior to the collision. They also sought to include "sudden brake failure" as an affirmative defense. A jury determined that the plaintiff had sustained a permanent injury.

Following an initial verdict that indicated jury confusion regarding the calculation of future medical expenses and lost earning ability, the court instructed the jury to re-deliberate. During re-deliberations, the jury made adjustments to all damage components. The parties later agreed to allow the verdict of $120,080 to stand. On May 14, 1997, the court denied the plaintiff's motion for a new trial, and the defendants satisfied the judgment on May 29, 1997.