Young et al v. Panera

Case Background

Fred Young and Jeff Firman filed an auto negligence lawsuit against Panera seeking damages after a Panera delivery agent rear-ended them. The Plaintiffs filed the motor vehicle accident case in Sarasota County. However, Panera later moved it to the United States District Court for the Middle District of Florida. The case was first assigned to Judge Mary S. Scriven and referred to Magistrate Judge Christopher P. Tuite. [Case number: 8:22cv2894]

Cause

Kyla Hullick, an employee at Panera, completed a food delivery and headed back to the store. While driving on Tamiani Trail in Sarasota, she rear-ended a 1996 Honda Civic sedan. Fred Young drove the Civic, and Jeff Firman sat beside him as a passenger. The impact from Kyla’s vehicle forced Young’s car into the vehicle ahead in traffic.

Injury

Both Young and Firman sought treatment for their personal injuries after the accident. Young reported a cervical disc injury, which required him to undergo multi-level fusion surgery. Meanwhile, Firman experienced an injury to his SI joint as a result of the collision.

Damages

In this lawsuit, Young and Firman, the Plaintiffs, sued Panera. They claimed that the company’s employee acted negligently by rear-ending their vehicle. Each Plaintiff sought compensation for medical bills. Additionally, they requested noneconomic damages, categorizing their claims separately.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Fred Young | Jeff Firman
    • Counsel for Plaintiff(s): Yardley D. Buckman , II | Nicholas Joseph Castellano , II | Shea T. Moxon | Thomas J. Seider
  • Defendant(s): Panera, LLC a foreign limited liability company
    • Counsel for Defendant(s): Ana Maria Marin | Jack Roy Reiter | Robert C. Weill
    • Experts for Defendant(s): Ming Xiao | Dr. Scott Cutler

Claims

Panera initially denied responsibility after Hullick stated that Young had cut her off. This assertion led the company to believe that they were not at fault in the incident. Hullick’s account influenced Panera’s position, prompting them to contest any liability related to the collision.

Defense

The defense challenged the claims for damages, emphasizing that the collision was minor and occurred at low speed. They argued that the limited impact could not justify the Plaintiffs’ demands for compensation. Additionally, the defense received a spoliation instruction during the trial. This instruction highlighted that the Plaintiffs had failed to retain the Honda for inspection.

As a result, the defense asserted that this failure hindered their ability to investigate the vehicle’s condition. They contended that without access to the car, they could not effectively counter the Plaintiffs’ claims. Overall, the defense’s arguments focused on the minor nature of the collision and the implications of the spoliation issue on the Plaintiffs’ case.

Expert Testimony

Ming Xiao, a biomechanics expert from Tampa, FL, testified that the forces from the impact were minimal. He compared them to routine daily activities such as running, jumping, or sitting on a couch. The defense also presented Dr. Scott Cutler, a neurosurgery expert. He opined that Young’s disc injury stemmed from pre-existing conditions rather than the collision. According to Dr. Cutler, the injury was not serious; he believed Young had sustained only a minor soft-tissue strain at most.

Jury Verdict

The jury in this case ruled in favor of both Plaintiffs on August 22, 2024, and granted them damages. Young received medical expenses totaling $757,165. In addition, he was awarded $2,023,500 for non-economic damages, bringing his total to $2,780,665. Meanwhile, Firman was awarded $121,146 for his medical expenses and $404,660 for non-economic damages. This resulted in a total verdict of $525,806 for Firman.

Thus, the total verdict, including damages for both Plaintiffs, came to $3,306,471. The court entered a consistent judgment in favor of the Plaintiffs, reflecting the jury’s findings and their awarded damages.

Court Documents:

Available upon request