My goal is for this article to help you better evaluate a case similar to this case.
Actual Case (not mine): $12 Million Dollar Verdict for pain and suffering for the parents of a 9 year-old boy who was killed when hit by a minivan while he was riding his bicycle in at a condominium complex in Palm Beach County, Florida. The Plaintiff alleged that her son was riding his bicycle on the street, behind his father, when a driver of a minivan failed to yield the right of way and hit and killed him.
She alleged that the condominium complex owner and its management company could have trimmed the hedges and had stop signs in place so that drivers exiting the condominium complex would have seen pedestrians and bicyclists.
She claimed that the condominium hedges (bushes) were twice the limit established by state and local authorities regulating the height and location of stop signs and hedges. The condominium association and its management company argued that the crash happened because the boy was not paying attention and it had nothing to do with the hedges or stop sign. The Plaintiff’s attorney said that he was offered a $2.5 million dollar settlement from the condo association and its management company during trial.
The jury found the driver of minivan 10% at fault, the condominium association 30% at fault, and the property management company 60% at fault. The Estate received about $60,000 in medical expenses for the death of the boy (minor). So, the verdict against the condominium association was for $4.2 Million dollars ($12 Million total settlement x 30% fault of condo association). The case is Curtis v. Bygel.
My thoughts: This case shows that in an auto accident there may be parties other than the at-fault driver who may be responsible. If you are in a bad car accident, you should look to see if anyone other than the at-fault driver is responsible for the accident. The mother made the right choice rejected the $2.5 million dollar offer by the condo association and property management association. Now, she and the boy’s father may get a total of $12 Million instead of the $2.5 Million that was offered.
This is a very large award of mental pain and suffering for the loss of a minor child. So the question is if this verdict would be affirmed (approved) if the verdict was appealed. We can look at past appellate decisions for an answer. Although this case is not in the 5th district court of appeal in Florida (located in Daytona Beach), the 5th district affirmed (approved) a $5 Million dollar award of mental pain and suffering to a mother whose 20 year-old daughter was killed in an accident. In this case, the father witnessed the accident (or immediately thereafter) so this increases the chance that this verdict will be approved.
I do not know how much liability insurance was available in this case. Your case may only as good as the amount of insurance available or the collectability of a defendant. I suspect that the insurance company for the condo association and property management company failed to act in good faith and may be on the hook for an excess judgment.
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