Rachel Urban vs. Ernesto Alejandro Rojas Gonzalez, et al

Case Background

On January 26, 2021, Plaintiff Rachel Urban filed a Car Accident lawsuit in the Florida State, Circuit Court of Orange County (Case number: 2021-CA-000779-O). Judge Eric J Netcher presided over the case.

Cause

On February 15, 2020, a multi-vehicle collision occurred in Orlando, Orange County, Florida. Ernesto Alejandro Rojas Gonzalez drove a 2013 Red Ford Mustang, owned by Emigdio Rojas Machado. Gonzalez traveled east on State Road 536 (World Drive) in the left turn lane, approaching State Road 535 (Kissimmee Vineland Road). Simultaneously, Rachel Urban drove her 2017 Silver Chevy westbound on State Road 536 in the outside lane.

The collision occurred when Gonzalez’s vehicle struck Urban’s car, causing a chain reaction. The impact pushed Urban’s vehicle into a third car, driven by Isaiah Estrella. The complaint claims that Gonzalez failed to maintain a proper lookout, control his vehicle, and follow traffic signals. His actions allegedly breached his duty to operate his vehicle safely under Florida traffic laws.

Injuries

The crash inflicted serious physical and emotional trauma on Rachel Urban. She suffered permanent bodily injuries, affecting her entire body. Urban endured acute pain, which turned into chronic suffering. In addition to physical pain, she experienced significant mental anguish and emotional distress caused by the accident.

Urban’s injuries caused various impairments. These included disability, limiting her ability to perform normal tasks. Her physical impairment affected her bodily functions and capabilities, and the accident caused disfigurement. These conditions diminished her enjoyment of life, known legally as “loss of enjoyment of life.” The collision also worsened a pre-existing condition, complicating her recovery. Urban now faces a complex medical situation requiring continuous care.

Damages

Rachel Urban incurred both economic and non-economic damages. Her medical expenses covered hospitalization, treatments, and nursing care. She also suffered lost earnings during recovery and a diminished earning capacity, affecting her financial future. Non-economically, Urban’s ability to enjoy a normal life has been permanently altered. Her 2017 Silver Chevy was also damaged, requiring repair or replacement. The lasting effects of the collision are expected to impact her for years.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Rached Urban
    • Counsel for Plaintiff: Nick Russo | Lawrence Larry Gonzalez | Will Bates | Grant Gillenwater

Key Arguments or Remarks by Counsel

Despite the severity of Urban’s injuries and the extensive medical treatments she has undergone, the plaintiff’s attorneys said the defense denied responsibility for the accident and argued that Urban’s medical issues were not related to the crash, the plaintiff argued.

“Ms. Urban is only 29, but because of this crash, she isn’t living a young adult’s life. She struggles to get a restful sleep. Her ability to work has diminished. She has seen doctors more than 150 times since the crash occurred to try to relieve her pain. No amount of money can truly compensate Ms. Urban for the youth and pain-free life she will never get back, but we’re pleased the jurors used their power to right this wrong to the fullest extent of the law.”

Claims

The lawsuit asserts multiple claims against the defendants:

Negligence: Urban claims that Gonzalez’s careless driving breached his duty of care. His failure to maintain a proper lookout, control his vehicle, and follow traffic signals caused the collision.

Vicarious Liability: Florida’s dangerous instrumentality doctrine holds Emigdio Rojas Machado liable as the vehicle owner. Since Gonzalez drove Machado’s car, Machado is responsible, even if not present.

Negligent Entrustment: The complaint alleges Machado negligently allowed Gonzalez to drive, knowing his history of traffic violations. Despite Gonzalez’s prior speeding infraction, Machado entrusted him with the vehicle.

Urban seeks damages exceeding $30,000, meeting the Florida circuit court threshold. She also requests a jury trial to resolve the case.

Defense

Gonzalez and Machado responded to the complaint with several affirmative defenses. They admitted to the accident and vehicle ownership but disputed the extent of Urban’s injuries and damages.

The defense claims that Urban failed to mitigate her damages, which should reduce any award. They argue that her own negligence contributed to the accident, invoking the comparative negligence doctrine. They also claim that a third party’s negligence caused or contributed to the accident.

The defense challenges the causation and extent of Urban’s injuries, suggesting some may have occurred before or after the crash. They question the reasonableness of medical expenses and allege overbilling by medical providers. The defense demands strict proof of all claims and requests a jury trial.

Expert Testimony

The defendants disclosed four expert witnesses to testify in the case. Dr. Donald L. Mellman, a board-certified orthopedic surgeon, was expected to provide opinions on the plaintiff’s injuries, their permanence, and the need for treatment. Dr. George Stanley, a board-certified radiologist, was set to testify about the plaintiff’s medical condition, including its past, present, and future aspects, as well as the reasonableness of medical bills. Dr. Gerard M. Gerling, a board-certified neurologist, was prepared to discuss the plaintiff’s injuries, their causal relationship to the accident, and the necessity of treatment. Lastly, Dr. Michael Herkov, an expert in psychiatry and neuropsychology, was expected to testify about the plaintiff’s mental health condition and any potential traumatic brain injury

Jury Verdict

On September 6, 2024, the jury awarded $4,272,991.12 in total damages. This included $449,564.24 for past medical expenses, $1,323,427.00 for future medical expenses, and $750,000.00 for past pain and suffering. The jury also awarded $1,750,000.00 for future pain and suffering, disability, and related issues from the February 15, 2020, accident that caused a permanent injury.

Court Documents:

Available Upon Request