$3.2M Award in Florida Car Accident Personal Injury Lawsuit

Megan Alvira vs. Barbara Lynn Jeter

Court: Circuit Court, Lee County, Florida
Case Number: 22-CA-003775
Filed: August 31, 2022
Judges: Michael T McHugh
Case Type: CA Auto Negligence
Cause: Negligence

Parties Involved

Plaintiff(s): Megan Alvira
- Counsel for Plaintiff: John Fischer | Jordon Redavid | Mary Sheedy
- Expert witness for Plaintiff(s): Leonel Perez-Limonte | Nathalia Betancourt-Kolosick | Esther Misdraji | George Khouri,III | Craig Lichtblau| Fred Raffa | Michael Villa, P.E.
Defendant(s): Barbara Jeter
- Counsel for Defendants: Carrie Gil

Verdict Information

Verdict Date: May 2, 2024
Damages awarded to Plaintiff: $3,203,316.79
- Past medical expenses: $101,217.79
- Future medical expenses: $702,099
- Past non-economic damages: $400,000
- Future non-economic damages: $2,000,000

About the Case

Cause

On May 26, 2021, Megan Alvira was driving westbound on Estero Commons Place when the defendant, Barbara L. Jeter, failed to yield the right of way. Jeter was traveling southbound on Town Commons Drive when she breached her duty of care by not operating her vehicle safely. This resulted in a collision with Alvira’s car as Alvira neared the intersection’s end. Alvira filed a personal injury lawsuit against Jeter for negligence. The lawsuit alleges that Jeter’s negligent driving and vehicle operation caused the accident.

This case centered on a dispute following a T-bone accident involving a defendant insured by State Farm. The primary contention lay in determining liability, with State Farm initially offering no compensation despite years of debate. The plaintiff alleged that the defendant had been speeding and distracted, failing to yield, while the defense countered that the plaintiff had run a stop sign. The injuries claimed by the plaintiff comprised cervical bulges at two levels and a mild traumatic brain injury (mTBI). It was noted that the plaintiff, a freshman at FGCU, had previously suffered a traumatic brain injury during high school, which the plaintiff argued rendered them particularly susceptible (“eggshell plaintiff”).

Injury

As a direct result, Alvira suffered severe bodily injuries. These injuries included physical impairment, disability, disfigurement, and aggravation of a pre-existing condition. Alvira experienced significant pain, suffering, embarrassment, and humiliation after the accident. Lost wages, diminished future earnings potential, and hefty medical bills compounded the damages.

Alvira’s life underwent a permanent transformation following the accident, as emphasized in the press release from Fischer Redavid PLLC. Despite her upcoming college graduation this weekend, she continues to confront ongoing health challenges. Despite gaining access to resources for necessary care, Alvira deals with persistent symptoms such as photophobia, bilateral tinnitus, chronic headaches, and memory loss, all significantly affecting her daily life.

Her college journey deviated from the norm as she navigated dropping courses, changing majors, and enduring bullying due to her heightened sensitivity to loud noises and bright lights. Evidence presented during the legal proceedings highlighted how the accident compelled Alvira to modify her course load, reduce credit hours, and switch majors. Additionally, she now faces challenges with photophobia, bilateral tinnitus, anxiety, depression, and the emotional impact of bullying—all stemming from the brain injury sustained in the crash

Damages

The personal injury lawsuit claimed Alvira’s injuries were permanent and ongoing. It demanded over $30,000 in damages from Jeter, plus additional costs, stemming from Jeter’s failure to yield the right of way.

Jury Verdict

In the personal injury lawsuit’s First phase of jury verdict, Jeter was found to bear 15% negligence fault. However, Alvira was deemed 85% negligent, totaling 100% combined fault assignment. In the the second phase of the bifurcated trial with a fresh jury, total damages awarded was $3.2 million. This included $101,217.79 for past medical expenses, $702,099 for future medical expenses, $400,000 for past non-economic damages, and $2,000,000 for future non-economic damages.