Florida State Jury Awards $ 1.8 Million Net Verdict To Driver Struck By Tractor Crossing Highway With Bush Hog
On Dec. 4, 2013, plaintiff Barry Davis was heading eastbound in his 2007 Ford Mustang on W. Indiantown Road, in Jupiter, FL, when he was struck on the driver's side by a 2005 Kubota tractor pulling a bush hog (large lawn mower) operated by Dale A. Vannelli, Jr., while in the course and scope of his employment with South Florida Bushog Service, Inc. Mr. Vannelli Jr. was mowing the grass in the area of W. Indiantown Road and I-95 pursuant to a contract with the Florida DOT when he attempted to cross Indiantown Road from a median underneath the I-95 overpass to proceed eastbound. The black box from Mr. Davis' 2007 Ford Mustang confirmed he was traveling at 76-77 mph just prior to the crash.
Plaintiff suffered a left hemopneumothorax requiring a thoracostomy, splenic rupture requiring exploratory laparotomy and splenectomy, left clavicle fracture, multiple left rib fractures, lumbar injuries, hemoperitoneum with hypertension, among other injuries. Plaintiff was taken by Trauma Hawk to St. Mary's Medical Center, where he was hospitalized for 22 days. At the time of the crash, plaintiff was undergoing radiation for squamous cell carcinoma on the left cheek/jaw area which had metastasized to the lymph nodes. The accident caused approximately a two-month interruption in plaintiff's cancer treatment. Within two years of the accident, the squamous cell carcinoma returned to plaintiff's left cheek and metastasized to the parotid gland requiring extensive surgery to remove the tumor and a massive skin graft taken from plaintiff's right arm. Plaintiff also underwent chemotherapy and radiation subsequent to the surgery.
Plaintiff filed a complaint against Vannelli, South Florida Bushog, and Wesco Insurance Company on Aug. 29, 2014, in the Circuit Court of Palm Beach County, FL. Defendants argued that plaintiff was solely liable for the crash due to exceeding the speed limit by 26-27 mph.
On Dec. 29, 2016, following a trial before Judge Richard Oftedal, the jury returned a verdict of $ 3,220,000 for plaintiff. The jury found plaintiff 43% negligent and Vannelli 57% negligent. On Jan. 11, 2017, Judge Oftedal entered judgment in the amount of $ 1,835,400 for plaintiff after reduction of the verdict for plaintiff's comparative negligence. Prior to trial, defendant offered $ 50,000, and plaintiff demanded $ 2,000,000.
Plaintiff was represented by Brian R. Denney and Edward V. Ricci of Searcy, Denney, Scarola, Barnhart & Shipley, P.A. in West Palm Beach, Florida. Defendants were represented by Donald St. Denis and Blaire Campbell Hammock of St. Denis & Davey, P.A. in Jacksonville, Florida.
Lexis Advance subscribers may view the complete summary, including expert witness information and plaintiff's counsel insights, here: Barry Davis v. Dale A. Vannelli, Jr.; South Florida Bushog Service, Inc.; and Wesco Insurance Company; 2016 Jury Verdicts LEXIS .
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