Devin Renard Holcomb vs. Hard Rock Materials Inc., et al

Case Background

On June 17, 2022, Plaintiff Devin Renard Holcomb filed a Negligence lawsuit in the Florida State Circuit Court of Duval County (Case number: 2022-CA-003498). Judge Bruce R Anderson Jr. presided over the case.

Cause

On November 30, 2021, Devin Renard Holcomb, a resident of Duval County, Jacksonville, Florida, worked for EltonAlan. He was laying an asphalt parking lot at 15347 Main Street in Jacksonville. Hard Rock Materials, Inc., a Florida profit corporation, owned and operated a cement/asphalt truck at the construction site. John Doe, an employee of Hard Rock Materials, drove and operated the truck. Holcomb tried to open the chute of the cement truck, but despite signaling John Doe to stop, Doe failed to comply. This failure caused a severe accident involving Holcomb.

Injuries

The accident severely injured Holcomb’s left hand. Specifically, it completely severed his left pinky finger and severely damaged his left ring finger. These injuries caused immediate and ongoing pain, significant suffering, and permanent disfigurement. The severity likely impacted Holcomb’s ability to use his left hand, affecting his personal life and his career in construction.

Damages

Holcomb sought damages exceeding $30,000, excluding costs, interest, and attorneys’ fees. Holcomb incurred substantial medical expenses for hospitalization and ongoing treatment. The accident also caused a loss of earning capacity, both short and long-term, due to the nature of his injuries. His capacity to enjoy life diminished significantly. The accident may have aggravated pre-existing conditions, worsening his overall health. These losses were either permanent or ongoing, and Holcomb will likely continue to suffer from them in the future.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Devin Renard Holcomb
    • Counsel for Plaintiff: Ashley Brooke Winstead
  • Defendant(s):Hard Rock Materials Inc. | Adhama Hamilton
    • Counsel for Defendants: Trent Sydnor Kerns, Jr| Michael Fox Orr | Alina Vinci Fernandez, Esq 

Claims

Holcomb filed a negligence lawsuit against both Hard Rock Materials, Inc. and John Doe in the Circuit Court of the Fourth Judicial Circuit in Duval County, Florida. He alleged that Hard Rock Materials, Inc. was vicariously liable for John Doe’s actions, as Doe was acting within the scope of his employment during the incident. Holcomb claimed that Hard Rock Materials, Inc., through its employees, had a duty to operate the cement truck with care.

Holcomb accused John Doe of multiple breaches of duty. These included failing to pay attention, maintain a proper lookout, warn of hazards, follow Florida’s laws, reduce speed, and control the truck to avoid injuring Holcomb. He demanded a jury trial for all issues triable by jury.

Defense

Hard Rock Materials, Inc. and John Doe denied most of Holcomb’s allegations, admitting only basic facts like Hard Rock’s corporate status and John Doe’s employment. In their affirmative defenses, they argued that Holcomb’s own negligence caused or contributed to his injuries. They invoked Florida’s comparative fault doctrine and claimed that other parties could be responsible.

The defendants sought a set-off for any benefits Holcomb received from other sources. They claimed Holcomb failed to mitigate his damages and that some of his claims were speculative. Additionally, they argued that his claims were untimely and may have been caused by superseding or intervening events, or acts of God. The defense also claimed Holcomb assumed the risk by knowingly exposing himself to danger. Finally, they argued that his claims were not recoverable under Florida law. The defendants demanded a jury trial to contest the case in court.

Jury Verdict

On August 14, 2024, the jury found both Adhama Hamilton and Devin Renard Holcomb negligent. They determined that Hamilton’s negligence caused Holcomb’s injury but also found Holcomb partially responsible. The jury assigned 34% of the fault to Hamilton and 66% to Holcomb in a Negligence Lawsuit.

Court Documents:

Available Upon Request