Sheriff Jimoh v. Joseph T. Ryerson & Son, Inc.

On June 20, 2024, a Hillsborough County jury absolved the defendant, Joseph T. Ryerson & Son, Inc., of legal responsibility in the Auto Negligence lawsuit and its consequences as claimed by the plaintiff.

Case Background

Sheriff Jimoh and his wife, Alexis Jimoh, both residents of Tampa, filed a Auto Negligence lawsuit on December 15, 2022 (Case number: 22-CA-010409) against Joseph T. Ryerson & Son, Inc. in the Circuit Court of the Thirteenth Judicial Circuit in Hillsborough County, Florida. This case was presided by the Judge Anne-Leigh Gaylord Moe.

Cause

On May 11, 2022, a significant motor vehicle accident occurred in Tampa, Hillsborough County, Florida. Sheriff Jimoh was involved in a collision with a vehicle operated by David Krummen, an employee of Joseph T. Ryerson & Son, Inc. The accident happened while Krummen was acting within the scope of his employment, with his employer’s permission and consent. The plaintiffs alleged that Krummen operated the company vehicle carelessly and negligently, directly causing the collision with Sheriff Jimoh’s automobile. At the time of the accident, Joseph T. Ryerson & Son, Inc. was conducting business in Tampa, Hillsborough County, Florida. The plaintiffs chose this venue following Florida Statute § 47.011, as the cause of action occurred within this judicial circuit.

Injuries

As a direct result of the accident, Sheriff Jimoh suffered various physical injuries. These injuries were extensive, including the aggravation of a pre-existing condition, leading to significant pain and suffering. The plaintiff experienced disability and a substantial loss of capacity to lead and enjoy a normal life. Sheriff Jimoh also endured considerable inconvenience, disfigurement, and scarring. The complaint stated that these injuries were permanent, causing ongoing and severe mental anguish and profoundly affecting his overall quality of life. The injuries were long-term alterations to his physical and mental well-being, impacting his ability to perform daily activities and maintain his previous lifestyle.

Damages

The plaintiffs sought damages exceeding $30,000, within the jurisdictional limits of the court. Sheriff Jimoh incurred significant medical expenses for immediate and ongoing treatment of his injuries. He also anticipated substantial future medical costs for continued care, treatment, and potential rehabilitation. The plaintiff suffered a notable loss of earnings due to his inability to work following the accident. Furthermore, he claimed a reduction in earning capacity, both since the accident and projected into the future, indicating a long-term impact on his professional life.

Additionally, Sheriff Jimoh claimed property damage to his vehicle, including towing costs, rental vehicle expenses, fees for storing his damaged automobile, and the overall diminution in value of his vehicle due to the collision. Alexis Jimoh, Sheriff Jimoh’s wife, sought damages for loss of consortium. She claimed significant deprivation of her husband’s society, companionship, assistance, and services in and around their home. This loss was claimed for both the period since the accident and expected to continue into the future, profoundly impacting their marital relationship.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Sheriff Jimoh | Alexis Jimoh
    • Counsel for Plaintiff: Kenneth W. Mastrilli

 

  • Defendant(s):Joseph T. Ryerson & Son, Inc.
    • Counsel for Defendants: Michael Walker Shiver, Jr.| Erica Lynn Peterson

Claims

The Auto Negligence lawsuit presented two primary claims against Joseph T. Ryerson & Son, Inc. The first count was a comprehensive bodily injury claim filed by Sheriff Jimoh, alleging negligence by the defendant’s employee, David Krummen, which directly resulted in his injuries and associated damages. The plaintiffs asserted that Krummen’s negligent operation of the company vehicle was the proximate cause of the collision and all ensuing harm. The second count was a detailed loss of consortium claim filed by Alexis Jimoh, asserting significant deprivation of her husband’s companionship, support, and marital services due to his injuries. Both plaintiffs demanded a jury trial to adjudicate their claims.

Defense

Joseph T. Ryerson & Son, Inc. responded to the Jimohs’ lawsuit by denying most allegations but admitting the accident occurred. They presented several affirmative defenses, including the right to introduce collateral source payments. They claimed the plaintiff had failed to meet statutory threshold requirements and asserted entitlement to set-off for governmental or charitable benefits. The company also alleged that the plaintiff had failed to mitigate damages, was comparatively at fault, and had not used safety equipment. They invoked Fabre v. Marin for the apportionment of fault among all parties.

Jury Verdict

On June 20, 2024, the jury found that there was no negligence on the part of David Krummen that was the legal cause of loss, injury, or damage to the plaintiff, Sheriff Jimoh.

Court Documents:

Available upon Request

Press Release:

https://www.linkedin.com/feed/update/urn:li:activity:7213678551693230081/?updateEntityUrn=urn%3Ali%3Afs_feedUpdate%3A%28V2%2Curn%3Ali%3Aactivity%3A7213678551693230081%29