Defense Wins Auto Injury Trial Over Jacksonville Crash
Table of Contents
Case Background
Grace A. Henderson drove through the intersection of Lenox Avenue and Cassat Avenue in Jacksonville on December 19, 2016. At the same time, Nathanael Paul Jones operated a vehicle owned by American Merchandising Specialists, Inc. Jones drove the company-owned vehicle with the company’s knowledge and consent.
Cause
Jones allegedly drove the vehicle negligently at the intersection. His driving caused a collision with Henderson’s vehicle. Henderson claimed Jones failed to operate or maintain control of the vehicle safely. The complaint focused on Jones’s direct role and the employer’s vicarious responsibility for his actions.
Injury
The collision injured Henderson. She suffered physical injuries and ongoing pain. She experienced mental anguish, scarring, and disfigurement. The injuries affected her ability to enjoy life and perform daily activities. Her condition worsened an existing medical issue.
Damages
Henderson reported medical expenses, lost income, and diminished earning capacity. She also claimed future financial losses. Her lawsuit detailed both permanent and continuing harm, including emotional distress and inconvenience.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Grace A. Henderson
Counsel for Plaintiff: Melody Margerite Kitchen | Glenn E. Cohen
Expert Witness for Plaintiff: Mark Frisk | Gil Spruance | Bradley Tran | Mark Emas | Charles Pope | Olga Guskova | Ronald Landau | Scott Wiedenmann | Norbert L. Ming | Shane H. Silver | Chaim Rogozinski |
Defendants: American Merchandising Specialists, Inc. | Nathanael Paul Jone s
Counsel for Defendants: Cary A.W. Braswell
Claims
Henderson sought damages exceeding $15,000, excluding costs and interest. She requested compensation for all her injuries and losses. She argued that her injuries met the threshold for permanent injury under Florida law. She demanded a jury trial and recovery of court costs.
Defense
The Defendants, Nathanael Paul Jones and American Merchandising Specialists, Inc., denied all allegations in Grace A. Henderson’s negligence lawsuit and demanded strict proof. They admitted limited facts for jurisdiction but denied responsibility for the collision or Henderson’s injuries.
The Defendants claimed the accident resulted from Henderson’s own negligence and invoked Florida’s comparative fault statute to seek a reduction in damages. They raised multiple affirmative defenses, including failure to mitigate damages and lack of a qualifying permanent injury under Florida’s no-fault law.
They also sought setoffs for payments from health insurance, PIP benefits, and other collateral sources under Florida law. Citing the Affordable Care Act, they argued that Henderson could recover only those medical costs actually paid or incurred.
The Defendants asked the court to dismiss the claims, deny damages, and award legal costs. They demanded a jury trial on all issues.
Jury Verdict
On January 23rd, the jury returned a verdict in favor of the Defendants, Nathanael Paul Jones and American Merchandising Specialists, Inc. The jury found that the Defendants were not liable for the injuries claimed by Grace A. Henderson. As a result, Henderson was awarded no damages, and her claims were dismissed. The verdict effectively ended the case in favor of the defense.