Donald Carter Jr.  vs. Nathaniel Brady Tolbert et al

Case Background

Donald Carter Jr. filed the Car Accident lawsuit on September 26, 2022, in the Circuit Court of Duval County, Florida State (Case number: 2022-CA-005549). Judge Samuel Tanner Williams presided over the case.

Cause

On May 25, 2022, Donald Carter Jr. was lawfully operating his motor vehicle on Blanding Boulevard in Jacksonville, Florida. At the same time and location, Nathaniel Brady Tolbert was driving a 2015 Dodge Durango with VIN number 1C4RDHDG6FC201135. Tolbert negligently operated his vehicle, causing it to collide with Carter’s vehicle. The collision occurred in Duval County, Florida, which falls under the jurisdiction of the Fourth Judicial Circuit. Prior to the accident, Carter had purchased an insurance policy from Allstate Fire and Casualty Insurance Company, a foreign profit corporation registered to do business in Florida with its principal place of business in Northbrook, Illinois. The policy, numbered 971922916, included uninsured/underinsured motorist coverage. This coverage was intended to protect Carter in the event he was injured by a party with insufficient or no bodily injury liability coverage.

Injuries

As a direct and proximate result of Tolbert’s negligence, Donald Carter Jr. suffered permanent injuries. These injuries caused significant physical and emotional distress, including pain and suffering, disability, and mental anguish. Carter also experienced a diminished capacity for enjoying life, a condition expected to continue into the future. The accident necessitated medical care and treatment, leading to substantial expenses. Additionally, the collision may have aggravated a pre-existing condition, potentially complicating Carter’s recovery and increasing his overall damages.

Damages

Carter’s losses from the accident were immediate and ongoing, with expectations of continued losses into the future. The damages sought exceeded the jurisdictional threshold of $30,000, exclusive of costs, interest, and attorney’s fees. This amount was considered a minimum, with actual damages potentially being much higher. The complaint requested judgment for damages against both Nathaniel Brady Tolbert for his negligence and Allstate Fire and Casualty Insurance Company under the uninsured/underinsured motorist policy. Carter also sought to recover costs associated with bringing the legal action and demanded a jury trial on all issues presented in the case.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Donald Carter Jr.
    • Counsel for Plaintiff: Samuel Tanner Williams
  • Defendant(s):Nathaniel Brady Tolbert | Allstate Fire and Casualty Insurance Company
    • Counsel for Defendants: Nicholas Henry DeCapua| Jennifer Patricia Brooks | Candance Moss

Claims

Donald Carter Jr. filed two claims in his complaint. The first was a negligence claim against Nathaniel Brady Tolbert, alleging that Tolbert owed a duty to Carter to operate his vehicle carefully and prudently. By causing the collision, Tolbert breached this duty, resulting in Carter’s injuries and damages. The second claim was an uninsured/underinsured motorist claim against Allstate Fire and Casualty Insurance Company. Carter alleged that Tolbert did not have sufficient bodily injury liability coverage to fully compensate Carter for all losses and damages from the May 25, 2022 collision. Consequently, Carter sought to recover under his uninsured/underinsured motorist policy with Allstate. This policy provided coverage limits of $300,000 per person, stacked by three, potentially allowing for significant compensation. Carter asserted that he had complied with all terms and conditions of the Allstate policy and had performed all conditions precedent to bringing the action. He further claimed that even if he had not complied with some terms or conditions, Allstate had not been prejudiced.

Defense

Tolbert denied most allegations in the complaint, including the claim that he negligently operated his vehicle and caused the collision. He admitted to being a resident of Duval County and acknowledged the court’s jurisdiction.

Tolbert presented several affirmative defenses. He claimed that Carter was comparatively negligent, which either barred or diminished his recovery. Tolbert alleged that Carter failed to use an available seatbelt, potentially causing or exacerbating his injuries. Tolbert argued that any recovery should be reduced by personal injury protection benefits and collateral source payments. He asserted that Carter’s injuries did not meet the threshold required by Florida’s No-Fault Act and that Carter failed to mitigate his damages.

Additionally, Tolbert claimed that Carter’s alleged disabilities or disfigurements were due to pre-existing conditions. He argued for a reduction in any recovery based on settlements or payments from other parties or insurance coverage. Tolbert also invoked statutory limitations on liability and damages under Florida law.

Jury Verdict

On July 19, 2024, the jury found that Donald Carter Jr. suffered a permanent injury from the motor vehicle accident on May 25, 2022. They awarded him $2,100,000 in total damages: $755,000 for past damages and $1,345,000 for future damages in Car Accident lawsuit.

Court Documents:

Available Upon Request