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Posts Tagged "pickup"

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

Posted by on Jul 15, 2014 in Motor vehicle accidents, Recent News

Will Woman Whose Head Was Run Over By Lifeguard Vehicle Ever Collect $2.6 Million Verdict?

I read with interest a story that appeared on the WESH.com website regarding a recent Central Florida.jury verdict. Last week a Volusia County jury ruled in favor of a in favor of a 36-year-old woman , and issued a verdict for $2.6 million. The woman, whose name is Erin Joynt, was vacationing in Daytona Beach in 2011 with her family when a full-sized beach patrol pick-up truck ran over her head she laid in the sand on the beach. Ms. Joynt suffers from partial facial paralysis, had a number of fractures, as well as and vision and hearing loss. Ms. Joynt testified at trial that she continues to experience constant pain. The jury divided its award this way: $100,000 for future medical expenses, $500,000 for loss of earning capacity, $500,000 for for past pain and suffering, and $1.5 million for future pain and suffering. As a Florida personal injury attorney, the most interesting aspect of this case will be what happens next with regard to actually collecting on this verdict. Since the jury verdict was against a governmental entity, the local lifeguard agency, many people do not realize that Florida law limits the amount of money that any person who is injured due to the negligence of a governmental employee can collect in a case. As of this writing, the limitation is $200,000 per injured person. Even though a jury of her peers believes Ms. Joynt’s claim is worth over $2 million, likely the only way that Ms. Joynt will ever collect $200,000 will be by pursuing a very complicated procedure called a Claims Bill all the way through the Florida Legislature. If the Legislature passes a bill to provide Ms. Joynt with the money, it will still be up to Governor Rick Scott to sign it. The reality is that our Republican-controlled state legislature very rarely passes Claims Bills. I hope they make an exception for Ms. Joynt. If you have any questions regarding an injury involving a governmental entity, or the Claims Bill process, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Ejections Are Common For Passengers Riding In Pickup Truck Beds

Posted by on Jan 8, 2013 in Motor vehicle accidents

Tragedy struck the family of 17-year old Kyle Lay last Friday when the teenager was ejected from the bed of a pickup truck during a traffic accident.  WFTV.com is reporting that the crash occurred in Ocala near the intersection of SW 95th Circle and SW 93rd Court, at a Walmart driveway. Apparently Joseph Minieri operated his SUV in such a way that it was caused to collide with a pickup truck being driven by Christine Hill.  Kyle Lay was riding in the bed of the pickup.  Upon impact, Kyle was thrown from the truck, hit a tree, and tragically passed away. It goes without saying that our hearts and prayers go out to Kyle Lay’s family.  It is never easy to lose a family member, but the loss of a child is always particularly heartbreaking.  The report from WFTV does not say why Kyle was riding on the open road in the bed of a pickup truck, but this is obviously not the safest place for anyone to ride.  As experienced Florida truck accident attorneys, we have seen far too many pickup truck passengers be ejected from truck beds and receive major injuries or be killed.  The safest position is obviously in the cab of the truck, buckled in with a seatbelt. Although money obviously cannot bring back a deceased family member, the Florida Wrongful Death Act allows for the recovery of damages when a family member is killed as the result of negligence.  For that reason, I am hopeful that Mr. Minieri carried bodily injury liability coverage. In the event that he did not, or that he had inadequate liability insurance, I am hopeful that Kyle’s parents carried Uninsured Motorist coverage, or that Uninsured Motorist coverage was carried on Christine Hill’s pickup truck.  Uninsured Motorist coverage can often make a huge difference in the lives of a family when there is not enough bodily injury liability...

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