Car pursued by police officers strikes vehicle: Failure to stop at red light: Rental car company liability: Wrongful death: Settlement

Law Reporter, Jun 2001

Carboni v. Enterprise Leasing Co., Fla., Palm Beach County 15th Jud. Cir. Ct., No. 98-006647, Dec. 1, 2000.

Carboni, 41, was stopped at a red light. A rental car being pursued by sheriff's deputies was traveling in the opposite direction. The rental car went through the red light and broadsided Carboni's vehicle. Carboni suffered fatal injuries. He had been an electrical engineer earning about $50,000 annually. He is survived by his wife and two minor daughters.

Carboni's wife, on behalf of his estate and their children, sued the rental car company, alleging it was responsible under the state's dangerous instrumentality statute for the rental car driver's negligence in failing to stop at a red light and speeding. Plaintiffs also sued the sheriff, alleging the deputies continued the pursuit in violation of department rules.

The trial court entered summary judgment for plaintiffs on liability, causation, and permissive use. Before trial, the parties settled for $5.05 million, including about $2.52 million to Carboni's wife, and $1.27 million to each of his daughters. The rental car company paid $3.95 million and the sheriff, the rest. Plaintiffs also received $100,000, which was Carboni's uninsured motorist policy limit.

Plaintiffs' expert was Geoffrey Alpert, police pursuits, Irmo, S.C. The rental car company's expert was Earl R Morris, police pursuits, Layton, Utah. The sheriff's expert was Lou Reiter, police pursuits, Cranston, R.I.

Plaintiffs' Counsel

* Larry S. Stewart, Miami, Fla.

* Jeremy W. Alters, Miami, Fla.

Documents in Carboni v. Enterprise Leasing Co. are available through the Litigation Resources section in the back of this issue, courtesy of Mr. Alters.