Gerlt v. Castelli Construction: $5.7M Verdict in Motor Vehicle Collision Case Involving Permanent Injuries

  Gerlt, et al vs. Odon, et al

Case Background

On May 20, 2023, Plaintiff Amy Gerlt filed a Motor vehicle collision lawsuit in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida (Case number: 2023 CA 001479 NC). Hunter W Carroll presided over this case

Cause

On October 21, 2022, a semi-tractor trailer collision occurred in Sarasota County, Florida, involving a vehicle driven by a minor, Aubrey Gerlt, and another vehicle carrying Zakil Gallant, also a minor. The crash happened on C.R. 771, near the northbound entrance ramp to Interstate 75. At the time, Luis Odon, an employee of Castelli Construction, LLC, operated a semi-tractor trailer registered under the company’s DOT operating authority. Driving northbound in the left-turn lane, Odon failed to maintain proper control of the truck, resulting in a collision with the plaintiffs’ vehicle traveling southbound in the right lane. Odon’s negligent actions directly caused the truck accident, leading to significant injuries and damages. Castelli Construction, as Odon’s employer, had control over his actions and was responsible for his conduct under the law.

Injuries

The motor vehicle collision left both minors, Aubrey Gerlt and Zakil Gallant, with severe and lasting injuries. They endured considerable physical pain, permanent disabilities, and disfigurement as a result of the truck accident. In addition, the trauma caused mental anguish, emotional suffering, and a diminished capacity to enjoy life. Both minors required immediate hospitalization and extensive medical treatment, including nursing care, rehabilitation, and ongoing healthcare services. Their injuries aggravated pre-existing conditions, complicating their recovery. This motor vehicle collision significantly impacted their daily lives, limiting their ability to engage in normal activities and leaving them with long-term physical and emotional scars.

Damages

The truck accident resulted in substantial financial and personal losses for the plaintiffs. Their medical expenses included the costs of surgeries, hospital stays, physical therapy, and long-term care. In addition, they faced a loss of earnings and a reduced future earning capacity due to the severity of their injuries. he plaintiffs demanded compensation exceeding $50,000 to cover both their economic and non-economic damages and sought justice through a jury trial.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Amy Gerlt, as the Parent and Legal Guardian of Aubrey Gerlt, a Minor | Handzie Oboute, as the Parent and Legal Guardian of Zakil Gallant, a Minor
  • Counsel for Plaintiff: Keith Randolph | Mitnik A Crane | Jonathan Brozyna

• Defendant(s): Luis Odon | Castelli Construction, LLC, a Florida Limited Liability Company.
  • Counsel for Defendants: Sara Chein | Michael Reed

Claims

Defense

Defendants Luis Odon and Castelli Construction, LLC, denied direct liability for the collision. They argued against several allegations in the complaint. The defendants admitted that the motor vehicle collision occurred in Sarasota County. They also acknowledged that Castelli Construction owned the semi-tractor trailer and authorized Odon to operate it. However, they denied negligence on their part and sought to dismiss claims they deemed redundant or unfounded.

The defense claimed that the plaintiffs failed to establish the necessary elements for a valid cause of action in certain counts. They argued that claims under the Dangerous Instrumentality Doctrine were duplicative. This was because the plaintiffs already pursued vicarious liability claims under the doctrine of respondeat superior. Castelli Construction admitted vicarious liability for Odon’s actions if negligence was proven. However, they contended that additional claims for negligent hiring, training, and supervision were unnecessary and legally barred when vicarious liability was acknowledged.

Additionally, the defense alleged that the plaintiff driver, Aubrey Gerlt, contributed to or caused the motor vehicle collision through her own negligence. They argued that this should reduce or negate their liability. The defense contended that Gerlt’s actions played a significant role in the incident. They also claimed that any injuries sustained were partly due to her failure to exercise proper caution.

The defendants also challenged the extent and cause of the alleged injuries and damages. They claimed that some of the injuries were pre-existing conditions unrelated to the collision. The defense also argued that the plaintiffs failed to mitigate their damages. Furthermore, they sought to limit liability under Florida’s comparative negligence and no-fault insurance laws. They argued that the plaintiffs did not meet the statutory threshold for claims.

Lastly, the defense requested a jury trial. They moved to strike or dismiss the counts they argued were redundant or unsupported. They particularly focused on claims involving dangerous instrumentalities, negligent hiring, and negligent training. The defendants reserved the right to amend their defenses as more information became available through discovery.

Jury Verdict

The jury returned a verdict in the civil case involving Plaintiff Aubrey Gerlt’s motor vehicle collision on October 21, 2022. The jury determined that Gerlt incurred medical bills totaling $260,245.16 for past treatment and $217,581.00 for future medical expenses. They found that Gerlt sustained a permanent injury as a result of the truck accident. Additionally, the jury awarded $1,010,400.00 in damages for past pain and suffering, disability, physical impairment, disfigurement, inconvenience, and loss of capacity for the enjoyment of life. For future damages in these same categories, they awarded $4,250,400.00. The total damages awarded to Aubrey Gerlt amounted to $5,737,626.16.

Court Documents:

Documents Available for Purchase upon Request