Tampa Jury Finds Permanent Injury in Pedestrian Accident

On December 4, 1998, a plaintiff was struck by a vehicle while walking in a crosswalk at the intersection of W. Kennedy Boulevard and S. Dale Mabry Highway in Tampa, Florida. A traffic accident had reportedly occurred at the intersection at the time of the incident. The plaintiff subsequently filed a lawsuit, alleging the defendant driver was negligent in failing to observe pedestrian traffic.

The defendant countered, asserting that the plaintiff's injuries were caused, in whole or in part, by an unidentified individual who had taken control of directing traffic and signaled the defendant to proceed through the intersection. Both parties presented expert testimony, including specialists in orthopedic surgery, radiology, and accident reconstruction. A jury ultimately found that the plaintiff sustained a permanent injury as a direct result of the accident.

Following the verdict, the court denied the plaintiff's motion to tax attorney's fees and refused to include taxable costs in the final judgment for purposes of determining attorney's fee entitlement under Florida Statute 768.79. The court acknowledged the differing legal interpretations on this issue across districts but stated its ruling was consistent with precedent in the Second District Court of Appeals.