Pollyann Durdin v. Mary Ann Mercer, et al.

Case Background

On January 31, 2022, Pollyann Durdin filed an auto negligence lawsuit after a motor vehicle accident at an intersection in the Fourth Circuit Court of Duval County, Florida. Judge Gilbert Fettel Jr. presided over this case. [Case number: 2022-CA-000578]

Cause

The Plaintiff, Pollyann Durdin, owned and drove a 2018 Mitsubishi Eclipse with Florida license plate number NSVW69. Defendant Mary Ann Mercer operated a 2017 Lexus GX460, either with the express or implied consent of the vehicle owner, Charles Robert Smith.

This case centers on a collision that occurred on February 10, 2021, at the intersection of Loreto Road and Aladdin Road in Jacksonville, Florida. On that date, Defendant Mercer operated and maintained the Lexus negligently, leading to a collision with the vehicle driven by Durdin. As a result of this collision, Durdin suffered serious and permanent injuries.

Injury

Due to the negligence of Defendant Mercer, Durdin sustained injuries and exacerbated a pre-existing condition. Durdin experienced pain, incurred medical expenses and related treatment costs, and suffered physical disability. Additionally, she endured significant scarring and disfigurement. She also experienced psychological and emotional injuries. Durdin lost wages, faced impaired working ability, and sustained permanent injuries, including a permanent loss of an important bodily function and the loss of the capacity to enjoy life.

Damages

Durdin continued to experience pain, disfigurement, scarring, and both psychological and emotional distress. Furthermore, she faced physical disabilities and permanent injury. She also lost wages and earning capacity. Additionally, Durdin had to spend significant amounts on medical care and related treatments. She continued to suffer from a diminished capacity to enjoy life.

Durdin sought compensatory damages exceeding $30,000 from Defendant Mary Ann Mercer and Charles Robert Smith, jointly and severally. She also sought judgment for damages and costs against Defendant The Travelers Indemnity Company of America, the insurance company for the defendants.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Pollyann Durdin
    • Counsel for Plaintiff(s): David Candido Thompson | Joseph Scott Miller | Douglas William Shanteau | Matthew Jordan Grossman | Robert S. Gunn, IV | Frank Fratello, Jr
  • Defendant(s): Mary Ann Mercer | Charles Robert Smith | The Travelers Indemnity Company of America
    • Counsel for Defendant(s): Kassi McLaren Studds-Whitaker | Hayley Lewis Folmar | Amy Michelle Kohut | Abby Robinson Dyal

Claims

Count I: Negligence of Mary Ann Mercer

Defendant Mary Ann Mercer owed Plaintiff a duty to drive carefully. She breached this duty in several ways, including failing to operate the vehicle properly, not maintaining a proper lookout, ignoring the right of way, not keeping her vehicle under control, making an improper left turn, and disobeying traffic control devices.

As a direct result of Mercer’s negligence, Plaintiff sustained injuries and aggravated a pre-existing condition. She experienced pain, incurred medical expenses, and suffered physical disabilities. Plaintiff also faced scarring, psychological distress, loss of wages, and impaired working ability. Her injuries were permanent, resulting in a loss of significant bodily function and enjoyment of life.

Count II: Negligence of Charles Robert Smith

Charles Robert Smith owned or controlled the 2017 Lexus GX460, which Mary Ann Mercer operated with his consent. Mercer owed Plaintiff a duty to drive with care and acted negligently in similar ways as previously described. Therefore, Charles Robert Smith was liable for the damages caused by Mary Ann Mercer’s actions, leading to Plaintiff’s injuries and ongoing suffering.

Count III: Claim Against The Travelers Indemnity Company of America

On February 10, 2021, the vehicle Plaintiff drove was insured by The Travelers Indemnity Company of America, Policy Number 9780440531, Claim Number IKI1991. This policy included Uninsured/Underinsured Motorist coverage. The involved vehicles lacked sufficient liability coverage, making them uninsured/underinsured.

Defense

The Defendants denied allegations of negligence against them. They asserted affirmative defenses and argued comparative negligence.

Jury Verdict

On January 26, 2024, the Florida jury found negligence on the part of both Mary Ann Mercer and Pollyann Durdin. The jury allocated 75% of the negligence to Mary Ann Mercer and 25% to Pollyann Durdin. The jury determined that Durdin had suffered the following damages:

  • Past medical expenses: $240,874.67
  • Future medical expenses: $100,000
  • Past non-economic damages: $170,000
  • Future non-economic damages: $300,000

The total damages amounted to $810,874.67, which would be adjusted for 25% comparative negligence attributed to Durdin. So, after adjusting for 25% comparative negligence, the final amount awarded to Pollyann Durdin would be $608,156.00.

Court Documents:

Available upon request