Defense Verdict

Daniel J. Santaniello, Partner and Robin Levine, Partner received a Defense Verdict in Miami-Dade County. Plaintiff alleged that decedent Richard Napper, a pedestrian was crossing the street when he was negligently struck by the Laboratory Corporation vehicle driven by their employee, Miguel Hernandez. Plaintiff claimed that Defendant Hernandez carelessly failed to yield to Richard Napper and had sufficient time to avoid colliding with him. Defendants argued that Richard Napper was the sole cause of the accident because he entered the intersection while intoxicated, against the light and 10 feet outside of a designated crosswalk. Plaintiff first filed the case as a Wrongful Death when Mr. Napper died weeks later from complications of the ankle, claiming an emboli. Defendant aggressively fought the death claim, claiming Plaintiff had prior similar conditions causing Plaintiff to
drop it before trial and proceed solely on a survivor claim for the accident. Plaintiff claimed compensation for injuries to his head, neck, back and a comminuted, displaced left ankle fracture and dislocation which required 3 surgeries leading up to his death. Plaintiff asked the jury for approximately $70,000 in past medicals and $500,000 in pain and suffering. Read More