A Florida jury has awarded $4.9 million to a man who was on vacation in St. Augustine. The case arose because the man was crushed against a wall by a car that a valet sent backward into the lobby of the Casa Monica Hotel. The injured man sued the valet company and the valet himself as a result of this car accident.
Back in April 2009, a valet inadvertently left a car in reverse rather than "park". As he got out of the car, he noticed it was still in reverse. He jumped back behind the wheel. However, he mistakenly pressed the accelerator rather than the hitting the brakes. This caused the car to drive through a set of double doors and into the hotel lobby. The injured man was struck by the car and pinned against a wall for about a half hour.
Apart from the $4.9 million for the injured man, the jury awarded his wife $300,000 for the loss of her husband's comfort, society, attention and services. What exactly does that mean? Well, Florida law provides that a spouse has a claim when the other spouse is injured due to the negligence of another. Beyond the marital sexual relationship, this type of claim may take into account the fact that one spouse missed work to care for the other or account for activities, such as dancing or traveling, that they can no longer do together.
Some may say that the $4.9 million dollar award seems excessive, but its important to understand what a jury takes into account to determine these awards. Here, the injured man was being compensated for his medical expenses, past and future lost earnings, and damages for pain and suffering. For example, the jury certainly decided the injured man needed to be compensated for past and future lost earnings because he eventually lost his job as a restaurant manager because of the injuries he sustained in this incident.
Ultimately, the value of a claim is difficult to assess and calculate because it is a matter of fact to be determined by a jury. However, it takes careful and effective advocacy to convey not only to a jury, but opposing counsel, the value of a claim.
If you or a loved one are injured at an amusement park, car accident, or assaulted, while at a hotel, restaurant or bar, please contact us today for a free case evaluation. At Alvarez & Barbara, LLP, we've achieved favorable results for our clients who face the unfortunate circumstances of being injured.
Call us today toll free at 1-866-518-2913 or 305-263-7700.
About the Author - Gabriel de las Salas is an attorney with the law firm of Alvarez & Barbara, LLP. His practice is focused on general civil and commercial litigation, including personal injury, insurance claims and real estate disputes. Mr. de las Salas received his B.A., cum laude, from the University of Florida, and his J.D., from Stetson University College of Law.
