Patrick Spencer vs Epifania A Ares et al

On June 14, 2024, the Florida jury returned a $280,015.41 verdict in favor of the Plaintiff in an auto negligence case that arose from a motor vehicle accident caused due to the Defendant’s failure to stop at a red light.

Case Background

On April 30, 2019, the Plaintiff filed the present auto negligence suit before the Florida State, Miami-Dade County, Eleventh Circuit Court. Judge Daryl E. Trawick presided over this case. [Case number: 2019-012866-CA-01]

Cause

On February 14, 2019, Plaintiff Patrick Spencer was driving a 1993 Lincoln northbound on SW 117th Avenue near SW 197th Street in Unincorporated, Florida. Meanwhile, Defendant Epifania A. Ares was driving a 2015 Land Rover Evoque with license plate BLTETS westbound on SW 197th Street. She failed to stop at the stop sign and collided with Patrick Spencer’s vehicle at the intersection of SW 117th Avenue.

Epifania A. Ares, as the driver of the Land Rover Evoque, had a legal obligation to the public and specifically to Patrick Spencer to exercise reasonable care and caution in maintaining and operating her vehicle.

However, she breached this duty by negligently and carelessly operating, maintaining, and controlling her vehicle. As a result, her vehicle collided with Patrick Spencer’s vehicle.

Injury

The negligence of Epifania A. Ares directly and foreseeably caused Patrick Spencer to endure bodily injuries, pain, disability, mental anguish, loss of enjoyment of life, medical expenses, and loss of earnings capacity. These losses, both permanent and ongoing, would persist into the future for Patrick Spencer due to the accident.

Damages

Plaintiff Patrick Spencer sought compensatory damages against the Defendant and requested a jury trial.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s):  Patrick Spencer
    • Counsel for Plaintiff(s): Todd D Rosen | Brett M. Rosen
  • Defendant(s): Epifania A Ares | Leonardo R Ares
    • Counsel for Defendant(s): Jeanne Katz Spital | Richard Blackburn Adams (jr)
    • Experts for Defendant(s): Rolando Garcia, M.D. 

Claims

Plaintiff claimed that the damages and injuries were caused by Defendant Epifania A Ares’ negligence. Plaintiff also claimed that Defendant Leonardo R Ares who was the owner of the vehicle was vicariously liable for the damages caused.

Defense

The Defendants claimed that the Plaintiff was comparatively negligent due to several actions or failures: not following traffic rules, negligently operating the vehicle, not taking evasive actions to avoid the collision, using a cell phone while driving, and failing to maintain the vehicle properly for safe use on the road, all contributing to the accident. They argued that these actions should diminish or eliminate the Plaintiff’s right to recover damages in this lawsuit.

The Plaintiff’s injuries did not include significant and permanent loss of bodily function, permanent injury beyond reasonable medical certainty except scarring, significant and permanent scarring, or death.

They also claimed that any judgment against Defendant Epifania A. Ares would be limited and capped under FS. 324.021 [9] (b).

The Defendants further alleged that at the time of the incident, the Plaintiff had access to a functional seat belt, but failed to use it, which they deemed unreasonable under the circumstances. They contended that if the Plaintiff had used the available seat belt during the accident, it would have significantly reduced or prevented the bodily injuries claimed, thereby diminishing the Plaintiff’s right to recover in this case.

Expert Testimony

Defendant’s expert witness, Dr. Rolando Garcia testified regarding the Plaintiff’s orthopedic issues stemming from the accident. The expert discussed the permanence of any claimed injuries, the exacerbation of pre-existing conditions, or the triggering of latent conditions, as well as the justification and essential nature of medical treatments and expenses incurred from various healthcare providers, including the necessity for future medical care.

Jury Verdict

On June 14, 2024, the Florida jury returned a $280,015.41 verdict in favor of the Plaintiff for the Defendant’s negligence. The breakdown was as follows:

  • Past medical expenses: $90,154.41
  • Future medical expenses: $40,000
  • Past non-economic damages: $50,000
  • Future non-economic damages: $100,000

On June 26, 2024, Hon. Daryl E. Trawick entered a final judgment stating that the Plaintiff is entitled to $280,015.41 with interest at the prevailing statutory rate of interest of 9.46% per annum.

Court Documents:

Available upon request