Florida Jury Finds No Permanent Injury in Pizarro Crash Case
Table of Contents
Case Background
This civil action arose from a motor vehicle collision that occurred in Orange County, Florida, on September 22, 2020. Plaintiff Jessica Pizarro brought the suit against the driver, Wayne Grandison, and his employer, S.E. Funeral Homes of Florida, LLC, which operated as Orlando Care Center.
Pizarro’s complaint, filed in April 2021, asserted that the accident resulted directly from the negligence of the Defendant driver. Grandison was reportedly operating a vehicle owned by S.E. Funeral Homes of Florida in the course and scope of his employment when the crash happened. The Plaintiff alleged the severe nature of the impact caused her to suffer significant and lasting physical harm, necessitating extensive medical treatment and resulting in substantial damages. The core legal fight centered on whether Pizarro sustained a legally defined permanent injury a critical requirement under Florida law for collecting damages related to pain and suffering.
Cause
Pizarro claimed a single cause of action: Negligence. She argued that Defendant Wayne Grandison failed to operate his motor vehicle with reasonable care, causing the collision and all subsequent injuries. Because Grandison drove the vehicle as an employee of S.E. Funeral Homes of Florida, the corporate entity also became liable for the driver's actions under the legal principle of respondeat superior.
Injury
The Plaintiff claimed that the collision caused a variety of serious and permanent physical impairments. Her attorneys detailed that Pizarro sustained permanent injuries to her nose and neck. These damages included allegations of disfigurement, scarring, and the aggravation or activation of any existing physical defects. The injuries reportedly led to continuous pain, suffering, physical impairment, and a loss of capacity for the enjoyment of life.
Damages Sought
Pizarro sought compensatory damages in excess of thirty thousand dollars ($30,000), the minimum jurisdictional limit for the Circuit Court. The damages requested covered several categories of financial and personal loss:
Expenses for medical care and treatment already incurred and those projected for the future.
Loss of wages and/or loss of earning capacity in the future.
Non-economic damages for past and future pain, suffering, disability, mental anguish, inconvenience, and loss of life enjoyment, contingent upon the jury finding a permanent injury.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Jessica Pizarro
· Counsel for Plaintiff(s): Paige S. Staudenmaier | Maegen Luka
Defendant(s): Wayne Grandison | S.E. Funeral Homes of Florida, LLC dba Orlando Care Center
· Counsel for Defendant(s): Lawrence E. Burkhalter | Kate D. Spinelli
Key Arguments or Remarks by Counsel
Claims
Pizarro’s legal team presented evidence designed to prove two central points: first, that Grandison’s careless driving caused the crash; and second, that the resulting injuries were permanent, thereby meeting the statutory threshold required under Florida's no-fault law to recover non-economic damages (money for pain and suffering). They argued that Pizarro deserved compensation for a lifetime of pain and disability that began on the day of the crash.
Defense
The defense team filed an Answer and Affirmative Defenses in March 2022, aggressively challenging the Plaintiff’s claims. They explicitly denied that their client committed negligence and argued that Pizarro’s own actions contributed to the accident, raising the defense of comparative fault. The primary focus of the defense, however, centered on the statutory threshold. Defense counsel maintained that Pizarro’s injuries, while possibly real, did not constitute a permanent injury within a reasonable degree of medical probability. They further argued Pizarro failed to take reasonable steps to mitigate her damages, suggesting she could have lessened her injuries or losses.
Jury Verdict
The case proceeded to a jury trial, concluding on 21st February 2025.
The jury specifically found:
Pizarro did not sustain a permanent injury to her nose.
Pizarro did not sustain a permanent injury to her neck.
Because the jury did not find a permanent injury to either area, they stopped their deliberations at the first question. Under Florida law, a Plaintiff cannot recover non-economic damages (pain, suffering, disability) from a motor vehicle accident unless a permanent injury is established. The jury’s finding meant Pizarro failed to meet this prerequisite.
The verdict, therefore, resulted in a total recovery of zero dollars for Jessica Pizarro. The Judgment, based on the jury's findings, officially closed the case in favor of Defendants Wayne Grandison and S.E. Funeral Homes of Florida, LLC.