Florida Landscaper Wins Verdict in Bicyclist Lawsuit

Case Background

In a personal injury trial held in the Circuit Court of the Seventeenth Judicial Circuit in Broward County, Florida, a jury rendered a verdict regarding an accident that occurred on May 28, 2021. The Plaintiff, Gustavo Castellanos Caicedo, had filed the lawsuit against Grandscape Professional Landscaping Service, Inc., and its employee, Armando Ortiz, after a collision involving the Plaintiff’s bicycle and a vehicle associated with the landscaping company’s work. The lawsuit claimed that the Defendants' negligence had caused the crash, which resulted in severe and permanent injuries to Mr. Castellanos Caicedo. The Plaintiff's wife, Maria De Los Angeles Galeano Perez, had also brought a claim for loss of consortium, seeking compensation for the loss of companionship she suffered due to her husband's injuries.

Cause

The Plaintiff asserted that the sole cause of the collision was the Defendants’ negligence. The complaint detailed that the Defendants, through their employee Armando Ortiz, had operated or maintained a vehicle in a dangerous or negligent manner. Specifically, the complaint claimed the Defendants had failed to exercise reasonable care for the safety of others on or near the roadway. As the employer, Grandscape Professional Landscaping Service, Inc. became vicariously liable for the negligent actions Ortiz committed while acting within the scope of his employment. The Plaintiff alleged that this negligence resulted in the crash, leading directly to his injuries.

Injury

Gustavo Castellanos Caicedo suffered severe and permanent injuries as a direct and proximate result of the Defendants’ negligence. These injuries necessitated extensive medical treatment, causing him to incur substantial medical expenses, both up until the trial date and continuing into the future. Beyond the physical harm, the injuries resulted in pain and suffering, physical impairment, disability, disfigurement, mental anguish, inconvenience, and the loss of the capacity to enjoy life. Furthermore, his wife, Maria De Los Angeles Galeano Perez, suffered the loss of her husband's companionship, affection, comfort, and assistance necessary for a successful marriage, which constituted a legally recognized injury known as loss of consortium.

Damages Sought

The Plaintiffs had demanded a monetary judgment against the Defendants for damages exceeding $30,000.00, exclusive of attorney’s fees, costs, and interest. This claim sought recovery for all past and future medical expenses, as well as compensation for the significant non-economic losses. Specifically, the Plaintiff sought damages for the profound pain and suffering, disability, and loss of life enjoyment he endured, while his wife sought compensation for the disruption to their marital relationship.

Key Arguments and Proceedings

The trial unfolded over a period of time, concluding with the jury’s decision in September 2025. The core of the legal proceedings required the jury to determine liability specifically, who bore responsibility for the accident before moving on to calculate the total damages.

Legal Representation

Plaintiff(s): Gustavo Castellanos Caicedo | Maria De Los Angeles Galeano Perez

·       Counsel for Plaintiff(s): Dan Cytryn | Edgar Velazquez

Defendant(s): Grandscape Professional Landscaping Service, Inc. | Armando Ortiz

·       Counsel for Defendant(s): Wayne T. Hrivnak | Dean A. Morande | Dan Cytryn | Stephanie Viviana Larenas

·       Experts for Defendant(s): David Nigen | Daniel Grobman | Neil Ghany | Barry E. Schapiro | James Mulkey

Key Arguments or Remarks by Counsel

Claims

The Plaintiff’s counsel argued that Armando Ortiz, as the employee of Grandscape, had created an unreasonably dangerous condition on the roadway. Their claims focused on the Defendants’ failure to adequately warn the bicyclist of a hazard or their improper placement of the vehicle and equipment, which represented a violation of the standard duty of care owed to others using the road. The Plaintiff's team emphasized that this negligence had forced Mr. Castellanos Caicedo into a collision he could not avoid, making the Defendants fully responsible for his catastrophic injuries.

Defense

The defense team strongly denied any negligence on the part of Grandscape or Armando Ortiz. Their counterarguments focused on comparative negligence, asserting that the Plaintiff, Gustavo Castellanos Caicedo, bore the primary responsibility for the accident. The Defendants’ answer explicitly claimed that the Plaintiff had been an incompetent or unqualified bicyclist and had failed to act reasonably in operating his bicycle. They highlighted that the Plaintiff had rearended a stationary vehicle, which Florida law presumed negligent, and that the vehicle had been clearly marked with red cones, which the bicyclist had ridden directly past before the crash.

 Jury Verdict

On September 12, 2025, the jury returned a verdict. The jury found that Defendant Armando Ortiz was not negligent and that his actions were not a legal cause of any loss, injury, or damage to Plaintiff Gustavo Castellanos Caicedo. Accordingly, the jury rendered a verdict in favor of the defendants, Grandscape Professional Landscaping Service, Inc. and Armando Ortiz, and did not proceed further with questions regarding liability or damages.

Court documents are available upon request at jurimatic@exlitem.com