Rental car strikes vehicle: Reckless driving: Wrongful death: Verdict

Law Reporter, Oct 2003

Ferdinand v. Enterprise Leasing Co., Fla., Broward County 17th Jud. Cir. Ct., No. 00-15415(25), Apr. 14, 2003.

Ferdinand, 42, his wife, and their three children were traveling southbound on a highway when their car got a flat tire. Unable to pull over to the right, Ferdinand attempted to make a left turn onto the shoulder of the highway. The driver of a rented car that was traveling behind them struck the left side of their vehicle. Ferdinand's son, 9, suffered fatal head injuries. He is survived by his parents and two minor siblings. Ferdinand suffered a fractured pelvis, incurring medical expenses of approximately $25,000. Formerly a landscaper earning approximately $18,000 annually, Ferdinand missed ten months of work as a result of the incident.

The Ferdinands, individually and on behalf of their son's estate, sued the company that leased the car, alleging liability under the state's dangerous instrumentality doctrine, which makes the owner of a vehicle vicariously liable for the negligence of its driver. Plaintiffs contended Ferdinand had put on his emergency flashers and the driver should have slowed down when she saw them. Plaintiffs settled with the driver prior to filing suit.

The jury awarded approximately $2.2 million, including approximately $158,000 to Ferdinand individually and $2 million to Ferdinand and his wife as representatives of their son's estate. The jury found Ferdinand 20 percent negligent and reduced the award accordingly.

Plaintiffs' experts were Stephen Jacobs, orthopedics, Fort Lauderdale, Fla., and Miles Moss, accident reconstruction, Miami, Fla.

Defendant's experts were Paul Meli, orthopedics, Fort Lauderdale, Fla., and Ken Bynum, accident reconstruction, Miami, Fla.

Plaintiffs' Counsel

* Jeff S. Abers, Fort Lauderdale, Fla.

Comment: Ferdinand's other son, 5, suffered head injuries. His claims are being pursued in a separate lawsuit.