Jamishia Williams v. Diane Klechak

Case Background

The Car accident lawsuit was filed on July 13, 2021. Plaintiff Jamishia Williams initiated the case in the Florida State, Circuit Court of Duval County (case number was 2021-CA-003890). Judge Katie L. Dearing presided over the case.

Cause

On June 10, 2020, Jamishia Williams, a Duval County, Florida resident, was in a 2013 Chevrolet Malibu parked at 4907 Gate Pkwy, Jacksonville, Florida. At the same time and place, Diane Klechak, a Duval County resident, was driving a 2006 Mercedes CLK. Klechak negligently operated and/or maintained her vehicle, causing it to collide with Williams’ Malibu. The collision occurred in Duval County, Florida, under the jurisdiction of the Fourth Judicial Circuit Court. Williams filed a complaint against Klechak, alleging that Klechak’s negligence directly caused the accident and the resulting damages.

Injuries

As a direct and proximate result of Klechak’s alleged negligence, Williams suffered significant bodily injuries. These injuries were determined to be permanent within a reasonable degree of medical probability. Williams experienced immediate and ongoing pain and suffering after the collision. The accident led to impairment, disability, and disfigurement, impacting her daily life and future prospects. Additionally, Williams endured mental anguish due to the traumatic event and its aftermath.

Damages

The collision resulted in extensive damages for Williams. She lost her capacity for the enjoyment of life, a non-economic damage that significantly impacted her quality of living. Williams required immediate and ongoing medical care and treatment, leading to substantial medical expenses. The accident caused Williams to lose earnings due to her inability to work during recovery. Furthermore, her future earning capacity was diminished because of her injuries. Williams also claimed that the collision aggravated pre-existing injuries and conditions, potentially leading to long-term complications and additional medical needs.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s):Jamishia Williams
    • Counsel for Plaintiff: Benjamin J Steinberg| Austin Tyler Brown |Steven Edward Earle

 

  • Defendant(s):Diane Klechak
    • Counsel for Defendants: Michael Lee Glass

 Claims

Williams filed a negligence claim against Klechak in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida. The complaint alleged that Klechak’s negligent operation and/or maintenance of her vehicle directly caused the collision and Williams’ subsequent injuries and damages. Williams sought damages exceeding $30,000, exclusive of costs, interest, and attorneys’ fees. The actual value of Williams’ claim was to be determined by a jury, in accordance with Article 1, Section 21 of the Florida Constitution. Williams demanded a jury trial for all triable issues in the case, as is her right under Florida law.

Defense

Diane Klechak, the defendant, responded to Jamishia Williams’ complaint with an answer and several affirmative defenses. Klechak admitted to some factual claims but denied the allegations of negligence and the resulting injuries and damages. In her affirmative defenses, Klechak claimed entitlement to set-offs for any contractual discounts or write-offs of medical bills, as well as collateral source benefits paid to Williams. She argued that Williams failed to mitigate her damages by not seeking timely medical treatment or following doctors’ recommendations. Klechak also invoked the Fabre v. Marin doctrine, suggesting that other parties, including the driver of Williams’ vehicle, may share responsibility for the accident. The defendant raised the possibility that Williams’ failure to wear a seatbelt may have contributed to her injuries. Klechak contested Williams’ claim for pain and suffering damages, asserting that Williams did not suffer a permanent injury in the accident. Finally, Klechak reserved the right to amend her affirmative defenses as discovery progressed and demanded a jury trial.

Jury Verdict

On April 29, 2024, the jury assigned 80% of the negligence to the defendant and 20% to the plaintiff, totaling 100%. The jury determined that the total amount of the plaintiff’s damages for past medical expenses was $32,000.

Court Documents:

Available Upon Request