Hodge v Mellott: $604K Verdict for Right-of-Way Violation
Table of Contents
Case Background
Danette Hodge filed a negligence lawsuit against Lindsee Mellott following a motor vehicle collision that occurred on April 29, 2022, at the intersection of Park Street and Pershing Road in Jacksonville, Florida. The case proceeded through the Circuit Court of the Fourth Judicial Circuit in and for Duval County.
Cause
The accident took place when Mellott attempted to turn left from Pershing Road onto Park Street. Mellott pulled out from a stop sign on Pershing Road and entered the intersection without properly yielding to oncoming traffic. At the same time, Hodge was traveling on Park Street and approaching the intersection with the right-of-way.
Mellott violated Hodge's right-of-way when she pulled into the path of Hodge's vehicle. The violation forced Hodge to crash directly into Mellott's vehicle. The collision demonstrated a clear failure by Mellott to follow basic traffic safety rules requiring drivers at stop signs to yield to vehicles already traveling through an intersection.
The intersection where the accident occurred became particularly noteworthy because of a detour route established by the City of Jacksonville. According to the defense's answer, the city placed a detour route at the intersection of Park Street and Pershing Road, which forced Mellott to travel through that specific location. The defense later argued that the city's placement of the detour route contributed to causing the collision.
Injury
Hodge sustained serious and permanent injuries from the collision. The crash caused her significant physical trauma that resulted in ongoing pain and suffering. She experienced mental anguish from the accident that continued well beyond the date of the collision. Her injuries interfered with her capacity to enjoy life as she did before the crash, and she faced ongoing inconvenience from the limitations the injuries imposed on her daily activities.
The medical evidence presented during the case showed that her injuries were permanent within a reasonable degree of medical probability. She required extensive medical treatment, including hospitalization, medical care, and nursing care. The nature of her injuries meant she would continue to need substantial medical treatment in the future.
Hodge also suffered financial losses from the accident. She lost earnings immediately following the crash and faced a continuing loss of her ability to earn money going forward. The collision aggravated a previously existing condition, making her medical situation more complex and requiring additional treatment beyond what the new injuries alone would have necessitated.
Damages Sought
Hodge filed her complaint on December 14, 2022, seeking damages exceeding $30,000, exclusive of attorney's fees and costs. She requested compensation for multiple categories of harm, including bodily injury, pain and suffering, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition.
She specifically sought compensation for medical expenses she incurred both immediately after the accident and for ongoing treatment. She also sought damages for future medical expenses, recognizing that her permanent injuries would require continued care. Additionally, she requested compensation for pain and suffering, physical impairment, disability, and the permanent nature of her injuries.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Danette Hodge
· Counsel for Plaintiff: Frank Fratello, Jr | Jineane Rae McMinn | Younes Lari
Defendant: Lindsee Mellott
· Counsel for Defendant: Victoria Erin Armstrong | Carla Michelle Newman | Kristen Marie Van Der Linde
· Experts for Defendant: Abraham Rogozinski | Brock Odom
Key Arguments or Remarks by Counsel
Claims
Hodge's attorney built the case around a fundamental traffic safety violation. The complaint emphasized that Mellott breached her duty to operate her motor vehicle with reasonable care for other motorists. Every driver approaching a stop sign must yield to vehicles that already have the right-of-way in the intersection.
The Plaintiff's legal team argued that Mellott negligently breached this basic duty when she pulled out from the stop sign on Pershing Road. Rather than waiting for a safe gap in traffic, Mellott attempted to turn left onto Park Street directly into the path of Hodge's vehicle. This failure to yield violated Hodge's clear right-of-way and caused the collision.
The complaint stressed that Hodge was lawfully traveling on Park Street and had every right to expect that drivers at stop signs would yield to her. Mellott's decision to pull into the intersection without ensuring it was safe to do so demonstrated negligence that directly caused the crash.
Hodge's attorney presented evidence showing the extensive impact the accident had on her life. They demonstrated that her injuries were permanent and continuing in nature, meaning she would suffer pain, physical impairment, emotional injury, and limitations into the future. They showed that she incurred substantial medical expenses and would continue to incur such expenses for ongoing treatment.
The Plaintiff's legal team also highlighted the financial toll the accident took on Hodge. She lost earnings immediately after the crash and faced a diminished ability to earn money in the future. The permanent nature of her injuries meant these financial losses would continue, adding to the overall damages she deserved.
Defense
Mellott's defense attorney filed an answer to the complaint on January 6, 2023. While admitting that Mellott was a Duval County resident and that the collision occurred on April 29, 2022, the defense denied most of the substantive allegations about negligence and damages.
The defense raised several affirmative defenses designed to limit potential damages or shift responsibility. First, they argued that Hodge was guilty of comparative negligence, claiming her own negligence caused or proximately contributed to causing the incident and resulting injuries. They contended that any recovery should be barred or reduced in proportion to her fault.
Second, the defense argued that Mellott was entitled to a setoff for all sums paid to Hodge in connection with the accident. They claimed Hodge received payment or benefits from collateral sources, and those amounts should be deducted from any jury verdict. This defense aimed to prevent double recovery for the same injuries.
Third, Mellott's attorney contended that Hodge failed to mitigate her damages. They argued she failed to obtain reasonable and necessary medical treatment, failed to follow medical recommendations from treating healthcare providers, and failed to seek and accept employment. They claimed that any recovery should be barred or reduced accordingly.
The defense also raised statutory defenses related to collateral source payments. They argued that under Florida's personal injury protection statute and collateral source statute, certain benefits paid to or on behalf of Hodge must be deducted from the jury verdict. They contended that damages could not be awarded for personal injury protection benefits already paid or payable.
Most notably, the defense raised an apportionment defense under Florida law. They argued they were entitled to have any damages apportioned among all persons or entities responsible for the accident. Specifically, they identified the City of Jacksonville as sharing responsibility for the collision. They claimed the city's negligence in placing a detour route at the intersection of Park Street and Pershing Road forced Mellott to travel through that intersection, thereby causing the collision. This defense attempted to shift some or all of the blame away from Mellott and onto the municipality.
Jury Verdict
The jury returned its verdict on June 27, 2025, after considering all the evidence presented during the trial. The jury found in favor of the Plaintiff and awarded substantial damages to Hodge.
For medical expenses, the jury awarded Hodge $110,365.76 for past medical expenses legally caused by the collision on April 29, 2022. Looking forward, the jury determined she would require extensive additional medical treatment and awarded her $493,540 for future medical expenses. This significant future medical expense award reflected the jury's finding that Hodge's injuries would require ongoing, substantial treatment for years to come.
The total damages awarded to Hodge amounted to $604,905.76, which represented the sum of past medical expenses and future medical expenses. This substantial award reflected the jury's conclusion that while they would not compensate Hodge for pain and suffering, they recognized she faced significant ongoing medical costs from the permanent injuries Mellott's negligence caused.
The case demonstrated the serious consequences that follow when drivers fail to yield the right-of-way at intersections. Mellott's failure to wait for a safe gap in traffic before pulling onto Park Street resulted in a collision that caused permanent injuries and over $600,000 in damages.