Van and truck collide at intersection: Failure to stop: Improper lookout: Hip, ankle fractures: Knee injuries: Settlement

Law Reporter, May 2001

Devoe v. Copart Intl, Inc., Fla., Dade County Cir. Ct., No. 99-4628 CA 32, Nov. 29,2000.

Devoe, 59, was driving a van north on a road. As he approached an intersection, a tow truck heading south made a left turn at the intersection. Devoe's vehicle collided with the truck. Devoe suffered a fractured right ankle and left hip and left knee injuries. He will require surgery in the future, including a hip replacement. His medical expenses totaled $100,000.

A driver and maintenance man for a husband and wife, Devoe is limited in the amount of work he can now perform for them. He had been earning approximately $40,000 annually. His total past and projected future lost wages are estimated at $265,700.

Devoe sued the tow truck company and the driver, alleging the driver failed to stop and keep a proper lookout for traffic.

The parties reached a settlement for $1.01 million, paid for by defendants' insurer.

Plaintiff's experts were Miles Moss, accident reconstruction, Miami, Fla.; Robert S. Kennedy, human factors, Orlando, Fla.; and Steven Wender, orthopedic surgery, Aventura, Fla.

Defendants' expert witnesses were Juan Pena, traffic control engineering, and Jay Stein, orthopedic surgery, both of Miami, Fla.

Plaintiff 's Counsel

*John H. Hickey, Miami, Fla.

Documents in Devoe v. Copart Intel, Inc. are available through the Litigation Resources section in the back of this issue, courtesy of Mr. Hickey.