Florida Jury Verdict Reporter

Bradford County

(6) MICHAEL PELFREY vs. J.B. HUNT TRANSPORT, INC., ROCK ISLAND DEPOT, INC. and JOHN F. LUKENS (Circuit Court of Bradford County, 8th Judicial Circuit, Florida)

County/Docket #/Judge: Bradford / 2021-CA-000116 / George M. Wright

Plaintiff(s) Attorney(s): John S. Mordecai of John S. Mordecai, P.A., Jacksonville, FL; Stefano D. Portigliatti, Trevor G. Hawes, and Michael J. Humphries of Coker Law, P.A., Jacksonville, FL

Defendant(s) Attorney(s): Bruno Renda, Christopher E. Knight, and Mallory A. Sullivan of Fowler, White, et al., P.A., Miami, FL, for J.B. Hunt Transport, Inc.; Sami R. Achem, Jr., and John H. Darnell, II, of Cole, Scott, et al., P.A., Jacksonville, FL; Derek J. Bush and Josef B. Hess of Rissman, Barrett, et al., P.A., for Rock Island Depot, Inc. and John F. Lukens

Age/Sex/Occupation Of Plaintiff: n/a / M / n/a

Cause Of Injury: Negligence/Motor Vehicles/Rear-End Collision Involving Tractor Trailer/Vicarious Liability/Disputed Causation of Damages. Plaintiff Wilhelrms Teddys Andre alleged that on April 3, 2017, he, his cousin, and his aunt were vacationing at the Sawgrass Grand Hotel in Sunrise, FL. As his aunt and his cousin prepared to go out, plaintiff sat waiting for them in the front passenger seat of his aunt’s Mercedes. It was past midnight, and plaintiff fell asleep. He claimed that he awoke around 2:00 a.m. to find defendant Ryan T. Biro, who was employed by the Sunrise Police Department, shining a flashlight into the vehicle. Defendant then allegedly demanded that plaintiff produce his identification. According to plaintiff, as he tried to hand over his driver’s license, defendant snatched it from him, then dragged him out of the car while shouting a racial epithet at him. Defendant then handcuffed plaintiff, put him in the police vehicle, and searched the car. In a sealed box inside the trunk, defendant found a firearm that belonged to plaintiff’s cousin. Plaintiff alleged that defendant falsely reported that the firearm had been found under the seat and that plaintiff had attempted to reach for it. As a result, plaintiff stated, he was charged criminally but was acquitted by a jury in August 2018. On Aug. 30, 2019, plaintiff, who at the time represented himself, filed suit against defendant, asserting claims under 42 U.S.C.S. § 1983 and state law for false arrest/imprisonment and for excessive force.

Plaintiff Michael Pelfrey alleged that on July 14, 2018, defendant John F. Lukens was operating a tractor trailer for defendant J.B. Hunt Transport, Inc., that was owned by his employer, defendant Rock Island Depot, Inc., when he rear-ended plaintiff’s motor vehicle at a traffic light at the intersection of State Road 301 and Hazen Street in Starke, FL, which then caused plaintiff’s vehicle to crash into the motor vehicle in front of him. On March 25, 2021, plaintiff filed a complaint for negligence and vicarious liability against defendants. Plaintiff claimed that Lukens negligently failed to maintain a safe speed, failed to maintain a safe distance, and failed to drive with the appropriate caution, which resulted in plaintiff suffering serious and permanent injuries. Plaintiff also claimed that Lukens was acting within the course and scope of his employment at the time of the collision. Plaintiff filed a motion for partial summary judgment on the issue of liability, which was granted. The court found that all defendants had testified that the collision was caused by Lukens and that no evidence had been produced to suggest that anyone other than Lukens was negligent in causing the collision. J.B. Hunt moved for summary judgment, which was granted. The court found that there was no genuine factual dispute as to whether J.B. Hunt was vicariously liable for the conduct of Rock Island Depot or Lukens. The court concluded that, as a matter of law, J.B. Hunt was not vicariously liable as the statutory employer of Rock Island Depot or Lukens. The case proceeded to a jury trial against Rock Island Depot and Lukens, who disputed the severity and extent of plaintiff’s injuries. They also raised an affirmative defense alleging plaintiff’s failure to use a seatbelt caused or contributed to his injuries.

Nature Of Injury: Personal injuries; pain and suffering.

Expert Witnesses:

Plaintiff's: Christopher M. Leber, M.D., Physical Medicine and Life Care Planning, Gainesville, FL Richard Boehme, M.D., Neurology and Biomedical Engineering, Jacksonville Beach, FL Mark Frisk, M.D., Radiology, Jacksonville Beach, FL Chip O'Toole, Accident Reconstruction, Orlando, FL David L. Dorrity, Transportation Safety, Greenville, SC

Defendant's: Eric M. Gabriel, M.D., Neurosurgery, Jacksonville, FL Kenneth Hawthorne, Jr., M.D., Orthopedic Surgery, Ormond Beach, FL David DeLonga, M.D., Ph.D., Radiology and Biomechanics, Gulf Breeze, FL John Roberts, Rehabilitation and Life Care Planning, Jacksonville, FL Chris J. Medwell, P.E., Accident Reconstruction and Mechanical Engineering, Gulf Breeze, FL Nicole Bonaparte, Medical Coding, Fort Lauderdale, FL

Verdict: $11,629,759.42 for Plaintiff on Aug. 15, 2023 ($1,019,355.27 – past medical expenses; $610,404.15 – future medical expenses; 3,000,000 – past pain and suffering; $7,000,000 – future pain and suffering).

Judgment: $9,293,807.54 for Plaintiff on Oct. 12, 2023 nunc pro tunc Aug. 15, 2023.

Editor’s Note: The jury found plaintiff 20% negligent and Lukens 80% negligent. Rock Island Depot and Lukens filed motions for new trial and for remittitur, which were denied on Oct. 18, 2023. They thereafter filed a motion to alter or amend the final judgment.