Takeshia Lewis vs. Geico General Insurance Company, et al

Case Background

On September 8, 2023, Plaintiff  Takeshia Lewis filed a Car accident lawsuit in the Florida State, Duval County, Fourth Circuit Court (Case number: 2023-CA-010320). Gilbert Feltel Jr. Presided over this case

Cause

On June 22, 2023, Takeshia Lewis drove her 2016 Toyota on Interstate 75 in Pasco County, Florida. She carried active automobile insurance with GEICO General Insurance Company under policy number 4595-16-15-24, which included underinsured motorist coverage. At the same time, Felicia Thomason drove a 2020 Chevy on the same stretch of road. Thomason negligently operated her vehicle, traveling at excessive speed, failing to maintain her designated lane, and disregarding the need for proper lookout and control. Her actions caused a collision with Lewis’s car. The I-75 crash occurred despite clear driving conditions and could have been avoided had Thomason exercised reasonable care. This car accident case highlights critical issues of negligence and responsibility, which became the foundation for subsequent legal action.

Injuries

The impact of the I-75 crash inflicted severe injuries on Takeshia Lewis. She sustained bodily harm that required immediate medical attention and ongoing treatment. The accident aggravated pre-existing conditions, causing additional pain and suffering. Lewis endured physical disfigurement, significant scarring, and a loss of physical functionality, impairing her ability to perform daily activities. The emotional toll of the crash compounded her suffering, leading to psychological distress and mental anguish. These injuries permanently diminished her quality of life, reducing her ability to work and enjoy personal and professional activities. The serious and permanent nature of her injuries formed the basis of her claim for damages in this negligence claim and insurance dispute.

Damages

The I-75 crash resulted in substantial financial and personal losses for Takeshia Lewis. She incurred significant expenses for hospitalization, medical procedures, and follow-up care, which placed a heavy financial burden on her. In addition to medical costs, Lewis faced a loss of wages due to her inability to work following the accident. The injuries also reduced her earning capacity, creating long-term economic hardship. The damages extended beyond financial loss, affecting her ability to enjoy life as she did before the crash. The severe and ongoing impact of the injuries underscores the importance of underinsured motorist coverage in addressing these costs. However, despite the availability of this coverage, Lewis encountered resistance from her insurer, GEICO, which refused to honor its obligations under the policy.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Takeshia Lewis
    • Counsel for Plaintiff: Frank Fratello, Jr | Andrew Douglas Miller | Arlen Mason Weintraub | David Candido Thompson
  • Defendant(s): Geico General Insurance Company | Felicia Thomason
    • Counsel for Defendants: Michael Lee Glass | Daniela Rosette Mason

Claims

Lewis pursued legal action to address the negligence and subsequent harm she suffered. She filed a negligence claim against Felicia Thomason, asserting that Thomason’s careless driving directly caused the I-75 crash and the resulting injuries. Thomason’s failure to control her vehicle, maintain her lane, and avoid distractions constituted a breach of her duty to exercise reasonable care on the road. In addition, Lewis initiated a claim against GEICO General Insurance Company for refusing to provide the underinsured motorist benefits promised in her policy. Despite fulfilling all policy requirements, GEICO denied her rightful claim, exacerbating the financial and emotional strain caused by the accident. Lewis’s legal action sought compensatory damages exceeding $50,000 to address medical expenses, lost wages, pain, suffering, and ongoing challenges stemming from the I-75 car accident case.

Defense

GEICO General Insurance Company presented a comprehensive defense against Takeshia Lewis’s claims. GEICO first asserted that Lewis’s own negligence directly caused or significantly contributed to the I-75 crash. They argued that she failed to exercise reasonable care while operating her vehicle, making her solely or partially responsible for her injuries. As a result, GEICO claimed that Lewis’s recovery should be either barred entirely or diminished in proportion to her negligence.

Additionally, GEICO contended that Lewis’s injuries did not meet the threshold requirements under Florida’s No-Fault Act. The defense argued that her bodily harm, sickness, or alleged permanent injury did not involve significant or permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, or significant and permanent scarring or disfigurement. Therefore, GEICO argued, she was ineligible for non-economic damages under Florida Statute Section 627.737(2).

GEICO further stated that Lewis failed to mitigate her damages following the accident. The defense alleged that she did not take reasonable steps to minimize her medical expenses or other losses, justifying a reduction in any potential award. They also sought a setoff for collateral source payments, including Personal Injury Protection (PIP) benefits already paid or payable under her policy. According to Florida law, any such payments must reduce the compensatory amount owed to her.

Lastly, GEICO maintained that its liability, if any, was limited to the terms and conditions of the insurance policy issued to Lewis. They emphasized that any judgment should not exceed the policy limits established in the agreement. They also requested immunity from liability for costs covered under Lewis’s deductible, per Florida Statutes Section 627.739. GEICO demanded that any evidence of duplicate payments or collateral sources be presented to the jury for appropriate consideration.

Jury Verdict

On December 8, 2024, the jury determined that there was negligence on the part of Felicia Thomason. The jury calculated Lewis’s total past medical expenses at $108,879.14 and projected her future medical expenses to be $100,000.00. However, despite these amounts, the jury concluded that Lewis did not sustain an injury meeting the statutory threshold under Florida law. Specifically, they found that her injuries did not involve a significant and permanent loss of an important bodily function, a permanent injury, or significant and permanent scarring or disfigurement. In total, the jury assessed Lewis’s combined medical damages at $208,879.14 in a I-75 car crash case.

Court Documents:

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