Two-car collision: Improper crossing of centerline: Mild brain damage: Skull fracture: Structured settlement

Law Reporter, Aug 1999

Two-car collision: Improper crossing of centerline: Mild brain damage: Skull fracture: Structured settlement.

Downs v. Gianetti, Fla., Broward County Cir. Ct., No. 9716397 CACE (08), Feb. 12,1999.

A truck crossed a road's centerline, striking another vehicle, and then collided with the passenger side of Downs's vehicle. Downs, a 41-year-old passenger in the vehicle, suffered mild brain damage and skull, sternum, and collarbone fractures. He required an aortic valve replacement. His medical expenses totaled $850,000. A self-employed tile installer who had earned about $20,000 annually, he is unable to return to the same occupation.

Downs sued the truck driver for improperly crossing the centerline into oncoming traffic. Plaintiff also sued the driver's father-as owner of the truck-under the dangerous instrumentality doctrine, and his employer under respondeat superior.

Defendants argued loose lugnuts on a rear tire caused the car to cross the centerline.

Plaintiff asserted that the lugnuts had not been loose and that the driver had fallen asleep due to a diabetic condition, causing the accident.

The parties structured a settlement with a present value of $4 million, to be paid by the employer's insurer.

Plaintiff's experts included Bertran Morrow, accident reconstruction, Michael Morgenstern, rehabilitation, and Kenneth Wright Clarkson, economics, all of Miami, Fla; and Jeri Morris, neuropsychology, Chicago, Ill.

Defendants' experts were D.B. Wiggins, accident reconstruction, Gainesville, Fla.; and Barry Crown, neuropsychology, and Alan Wagshul, neurology, both of Miami, Fla.

Plaintiff vs Counsel:

*Daryl L. Merl, Miami, Fla.

*Jonathan R Friedland, Miami, Fla.

[Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Merl.]