Michael Anthony Lowry v. Jacob Channing Udell, et al.
- Court: Florida State, Duval County, Fourth Circuit Court
- Case number: 2021-CA-005451
- Filed: October 11, 2021
- Judge: Katie L Dearing
- Case type: Auto Negligence Case
Parties Involved
- Plaintiff: Michael Anthony Lowry
- Counsel for Plaintiff: Brian James Lee | Sarah Allen Foster | Eric Steven Block | Nicolas Bart Iannucci | Daniel M Lake | Jennifer Renee Johnson-Cassady
- Expert Witness for Plaintiff: Dr. Richard Boehme
- Defendant: Jacob Channing Udell | Rebekah Carlene Parks Udell
- Counsel for Defendant: Taylor Augustine Naughton | Kendra B Therrell
- Expert Witnesses for Defendant: Eric M. Gabriel M.D. | Geoffrey Negin, M.D | Ian M. Zeller, Ph.D., ACTAR, CPSI
Verdict Information
- Verdict date: May 24, 2024
- Total damages awarded to the Plaintiff: $285,488.38
About the Case
Cause
Plaintiff, Michael Anthony Lowry, resided in Jacksonville, Duval County, Florida. Defendant, Jacob Channing Udell and Rebekah Carlene Parks Udell, also resided in Neptune Beach, Duval County, Florida. Defendant Rebekah Carlene Parks Udell owned a 2003 Honda CRV.
On or about March 3, 2021, Plaintiff was lawfully operating his motor vehicle near Interstate 295 and Gate Parkway in Jacksonville, Duval County, Florida. Defendant, Jacob Channing Udell, had negligently operated and/or maintained the motor vehicle owned by Defendant Rebekah, striking Plaintiff’s vehicle. Defendant, Jacob Channing Udell, had a duty to operate the motor vehicle carefully and prudently. He had breached this duty by failing to maintain the vehicle, leading to a collision with Plaintiff’s vehicle. Plaintiff, Michael Anthony Lowry, had alleged that Defendant, Rebekah Carlene Parks Udell, had voluntarily entrusted Defendant, Jacob Channing Udell, with operating the motor vehicle. Defendant, Rebekah Carlene Parks Udell, was accused to be vicariously liable for Defendant, Jacob Channing Udell’s, negligent driving actions pursuant to the dangerous instrumentality doctrine.
Injury
As a direct result of Defendant Jacob Channing Udell’s negligent driving, Plaintiff had suffered bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, inconvenience, hospitalization expenses, medical and nursing care costs, loss of earnings, loss of earning capacity, and/or aggravation of a pre-existing condition. These losses had been permanent or continuing, and Plaintiff would allegedly suffer from them in the future.
Damages
The present suit had been filed by Lowry alleging that this action sought damages exceeding $30,000, excluding attorneys’ fees, interest, and costs. Plaintiff, Michael Anthony Lowry, had demanded judgment for damages and costs against Defendant, Jacob Channing Udell, and had requested a jury trial for all issues
Jury Verdict
On May 24, 2024, a Florida jury found that there was negligence on Defendant Jacob’s part in operating the motor vehicle leading to a loss and injury to Plaintiff. However, the jury was also of the opinion that there was certain degree of negligence on Plaintiff Lowry’s part as well. Consequently, the jury attributed 55% of negligence to Plaintiff Lowry and 45% of negligence to Defendant Jacob.
Court Documents:
Available upon request
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