Meir Moskowitz v. Sein Lwin

Case Background

Moskowitz filed a Car Accident lawsuit against Lwin in the Circuit Court of the Eleventh Judicial Circuit of Florida in and for Miami-Dade County (Case number: 2022-011949-CA-01). The case was presided over by Judge Daryl E. Trawick.

Cause

On December 12, 2021, Sein Lwin, a resident of Broward County, Florida, drove his vehicle eastbound on NW 3rd Ave in Miami-Dade County, Florida. Lwin operated his vehicle negligently by driving in the wrong direction on a one-way road. He failed to stop and collided with Meir Moskowitz’s car, a resident of Miami-Dade County. Lwin drove at an unreasonable speed given the road conditions, showing a lack of due care. He did not keep a proper lookout for other vehicles on the road, directly contributing to the accident. Due to his excessive speed and lack of attention, Lwin could not react in time to avoid colliding with Moskowitz’s vehicle. The collision occurred as a direct result of Lwin’s failure to comply with Florida traffic laws and exercise ordinary, reasonable care while driving.

Injuries

As a result of Lwin’s negligent driving, Meir Moskowitz suffered significant bodily injury. The injuries were both permanent and continuing, resulting in ongoing pain and suffering. The severity of the injuries required hospitalization, indicating the serious nature of the impact. Moskowitz needed extensive medical and nursing care following the accident. The collision may have also exacerbated a pre-existing condition, complicating his recovery and increasing the overall impact of the injuries on his life.

Damages

Moskowitz incurred substantial expenses related to his injuries. These included costs for hospitalization, which likely involved emergency room treatment, diagnostic tests, and potentially surgical procedures. He also faced ongoing expenses for medical care, including follow-up appointments, physical therapy, medication, and medical equipment. Nursing care costs were also incurred, suggesting that Moskowitz needed assistance with daily activities during his recovery. Beyond the financial burden, Moskowitz experienced significant pain and suffering due to the permanent nature of his injuries. This pain and suffering likely affected various aspects of his life, including his ability to work, engage in hobbies, and maintain relationships. The plaintiff sought damages in excess of $30,000, exclusive of attorney’s fees and costs, placing the case within the jurisdiction of the circuit court.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Meir Moskowitz
    • Counsel for Plaintiff: Igor Hernandez, Esq.
  • Defendant(s):Sein Lwin
    • Counsel for Defendants: Lawrence E. Margolis Esq.

Claims

Moskowitz alleged that Lwin breached his duty to exercise ordinary, reasonable, and due care while driving. The complaint cited Lwin’s failure to comply with Florida laws, driving in the wrong direction, excessive speed, and failure to keep a proper lookout as evidence of negligence. Moskowitz claimed these negligent actions directly caused his injuries and resulting damages. The plaintiff demanded a jury trial for all claims, controversies, or causes of action triable as a matter of right before a jury, exercising his constitutional right to have the case heard by his peers. 

Defence

Sein Lwin responded to Meir Moskowitz’s complaint with an answer and several affirmative defenses. Lwin admitted to some of the facts presented in the complaint, including driving eastbound on NW 3rd Ave, colliding with Moskowitz’s vehicle, and driving in the wrong direction on a one-way road. However, he denied allegations related to unreasonable speed, failure to keep a proper lookout, and the extent of Moskowitz’s injuries and damages.

Lwin presented multiple affirmative defenses to counter Moskowitz’s claims. He argued that Moskowitz failed to use a seatbelt, which would have reduced or prevented injuries, potentially barring or reducing recovery. Lwin claimed entitlement to a setoff for any collateral source payments Moskowitz received, such as Personal Injury Protection payments. He also invoked the Florida No-Fault Statute as a potential bar to Moskowitz’s recovery.

Furthermore, Lwin alleged that Moskowitz was negligent, contributing to the accident, and thus should have his recovery reduced proportionately. He claimed Moskowitz failed to mitigate his injuries and damages. Lwin also argued that other persons or entities might be responsible for Moskowitz’s damages, requesting apportionment of any judgment according to Florida Statute § 768.81(3). Finally, Lwin sought a setoff for medical bills written off by providers or reduced due to payments from Medicare or Medicaid.

Jury Verdict

The jury reached a verdict in the Car Accident Lawsuit on July 12, 2024. They found that Sein Lwin’s negligence was a legal cause of loss, injury, or damage to Meir Moskowitz. The jury determined that Moskowitz himself was not negligent in a way that legally caused his own loss, injury, or damage. The jury awarded Meir Moskowitz total damages of $1,300,000, broken down as follows:

Medical Damages:

  • Past Medical Expenses: $396,086
  • Future Medical Costs: $40,000

Non-Economic Damages:

  • Past Pain and Suffering, Disability, Physical Impairment, Loss of Enjoyment of Life: $180,864
  • Future Pain and Suffering, Disability, Physical Impairment, Loss of Enjoyment of Life: $683,049

Court Documents:

Available Upon Request