Verdicts- Firm Obtains Defense Verdict in Pedestrian Vehicular Accident The Defense case was tried on behalf of Interamerican Car Rental, Inc. by P. Raul Alvarez and David R. Evelev of the firm. Kelsay Patterson and Jorge Rodriquez tried the case on behalf of the Plaintiff.In the accident, the Plaintiff, Betty White, sustained a segmental fracture of her left tibia and facial fractures. Plaintiff alleged that her injuries were caused by the negligent operation of the vehicle by Joycelyn Ivey, who had rented a car from Interamerican Car Rental approximately one-half hour prior to the accident. The accident occurred at the intersection of NW 22nd Avenue and NW 65th Street in Miami. The vehicle Ms. Ivey was driving collided with Ms. White as Ms. White attempted to cross NW 22nd Avenue in the middle of a block. The Plaintiff contended that she was crossing in a marked crosswalk and that Ms. Ivey was negligent for failing to avoid the accident. Ms. Ivey testified that she did not see the Plaintiff until it was too late and she attempted to avoid the accident by braking and swerving. The evidence at trial showed that the Plaintiff was legally intoxicated at the time of the accident. The defense presented a toxicologist, who established that the Plaintiff had a blood alcohol level of between .20 and .26 at the time of the accident. The defense also presented expert testimony showing that Ms. Ivey could not have avoided the accident. The defense requested and received a jury instruction on Section 768.36, Florida Statutes, which bars the Plaintiff from recovering any damages if the trier of fact finds that: (1) At the time Plaintiff was injured, the Plaintiff was under the influence of any alcoholic beverages or drugs to the extent that the Plaintiff’s normal faculties were impaired, or that the Plaintiff had a blood or breath alcoholic of .08 percent or higher; and (2) As a result of the influence of such alcoholic beverage or drug, the Plaintiff was more than 50% at fault for her own harm. The jury returned a verdict finding that although Ms. Ivey was negligent, the Plaintiff was more than 50% at fault as a result of the influence of alcoholic beverages. Accordingly, the Plaintiff was barred from recovering any damages and the Court entered judgment in favor of Interamerican Car Rental, Inc. Kudos to Mindie Bittner of Corporate Claims Services, Inc., and Interamerican Car Rental, Inc., for allowing us to take this case to trial. |