$2.5M Punitive Verdict in Florida Wrong-Way DUI Death Case
Table of Contents
Case Background
This wrongful death lawsuit arose from a fatal wrong-way collision on Interstate 295 in Duval County, Florida. The case was filed in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, under Case No. 2023-CA-001097. The Plaintiff, Monique Behr, brought the action as personal representative of her daughter Nell Marie Behr's estate and on behalf of herself and John Behr, the decedent's father, as surviving parents.
Cause
On January 14, 2023, at approximately 1:07 a.m., Nell Marie Behr was driving northbound on Interstate 295 in the left lane near Monument Road. Ramon Gerardo Cerda, a Texas resident, was operating his 2022 Ford F-150 pickup truck on the wrong side of the interstate, traveling southbound within the northbound lanes. Cerda's vehicle crashed head-on into Behr's car. The Plaintiff alleged that Cerda was intoxicated at the time of the collision and had consumed alcoholic beverages at Whiskey Jax Kitchen & Cocktails before the crash. The complaint stated that Cerda drove under the influence of alcohol beyond the legal limit and operated his vehicle with reckless disregard for public safety.
Injury
Nell Marie Behr suffered fatal injuries in the collision. She was under 25 years of age at the time of the incident, qualifying her as a minor child under Florida's Wrongful Death Act. She had no spouse or children. Behr passed away on January 15, 2023, one day after the crash.
Damages Sought
The Plaintiff sought damages in excess of $50,000 under Florida's Wrongful Death Act. The estate claimed monetary support of the decedent, loss of net accumulations, loss of past and future earnings, medical expenses related to the death, funeral expenses, and loss of services and support. The surviving parents claimed loss of support and services, loss of companionship, love and affection, and mental pain and suffering. The Plaintiff also sought punitive damages against Cerda for his alleged gross negligence and reckless conduct.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Monique Behr, as Personal Representative of the Estate of Nell Marie Behr, and on behalf of survivors Monique Behr and John Behr
· Counsel for Plaintiff(s): Aaron P. Davis | Kimberly A. Cook | Michael Bild | Laura Arango | Thomas B Scolaro | Bryan Scott Gowdy
· Experts for Plaintiff(s): Kevin A. Rider | Dustin Tate Yeatman | David Blackmon | G. Bryant Buchner | Carter K. Chapman
Defendant(s): Ramon Gerardo Cerda (individual) | Eatery Investment Group, Inc. d/b/a Whiskey Jax Kitchen & Cocktails (Florida corporation)
· Counsel for Defendant(s): Jennifer Kass | Michael Paul Orta | John Viggiani | Jeffrey Alan Yarbrough
· Experts for Defendant(s): Bruce A. Goldberger | Alexander Rey | Andrew S. Cherepon | Stephanie A. Whetsel Borzendowski
Key Arguments or Remarks by Counsel
The Plaintiff's counsel argued that Cerda operated his vehicle while intoxicated, drove on the wrong side of a divided highway, and showed blatant disregard for public safety. They contended that his conduct rose to the level of gross negligence warranting punitive damages. The Plaintiff also pursued a claim against Whiskey Jax under Florida's dram shop statute, alleging the establishment served alcohol to Cerda knowing he was habitually addicted to alcoholic beverages.
Claims
Count I - Wrongful Death Negligence Against Ramon Gerardo Cerda:
The Plaintiff alleged that Cerda breached his duty of care by failing to operate his vehicle safely, driving under the influence of alcohol in violation of Florida Statute 316.193, driving on the wrong side of a divided highway in violation of Florida Statute 316.090, operating his vehicle with reckless disregard for safety, driving without illuminated headlights between sunset and sunrise, speeding, failing to keep proper lookout, and failing to take precautions to avoid the collision.
Count II - Wrongful Death Negligence Against Whiskey Jax:
The Plaintiff claimed Whiskey Jax violated Florida Statute 768.125 by selling alcoholic beverages to Cerda despite knowing he was habitually addicted to alcohol. The Plaintiff alleged the establishment was vicariously liable for its employees' actions and derivatively liable for Cerda's subsequent negligence.
Defense
Cerda's defense team filed answers denying all allegations of negligence, intoxication, and wrongful conduct. They asserted that the decedent was comparatively negligent and failed to act in a reasonably safe manner. The defense argued that Nell Marie Behr's death resulted from an unforeseen intervening cause rather than Cerda's conduct. They also claimed the death may have been caused by pre-existing medical conditions unrelated to any alleged act by Cerda. The defense raised affirmative defenses including entitlement to set-off for collateral source benefits, apportionment of fault among all tortfeasors, and limitations on damages under Florida's Wrongful Death Act. They denied any entitlement to punitive damages.
Jury Verdict
On June 11, 2025, a jury in the Circuit Court of the Fourth Judicial Circuit returned a verdict in the punitive damages phase against Defendant Ramon Gerardo Cerda. The jury awarded $2,500,001.00 in punitive damages against Cerda. Jury foreperson Kacy Hattabaugh signed the verdict form on the 11th day of June, 2025. The punitive damages award reflected the jury's determination that Cerda's conduct demonstrated such gross negligence as to warrant substantial punishment. The verdict form addressed only the punitive damages question against Cerda individually, indicating that the compensatory damages phase and any claims against Whiskey Jax may have been resolved separately or remained pending at the time this verdict was rendered.
Court Documents