Diante Page, et al vs. Priyas Patel

Case Background

On June 23, 2022, Plaintiff  Diante Page and Chrissy Campbell filed a Car Crash lawsuit in the Florida State Circuit Court of Palm Beach County (Case number: 2022-CA-003599 ). Judge Nicholas Donald Seidule presided over the case.

Cause

On April 20, 2021, a serious motor vehicle collision occurred on Airport Center Drive in Jacksonville, Duval County, Florida. Priyas Patel, a resident of Orange Park, Clay County, drove a 2018 Volkswagen GTI westbound on the road. At the same time, Diante Page, a Duval County resident, drove a 2019 Kia Stinger eastbound on the same road. Page’s vehicle carried two passengers: Chrissy Campbell and her minor daughter, Chloe Page, both Duval County residents. As the vehicles approached each other, Patel attempted a left turn across Page’s path. Patel failed to yield the right of way to Page’s oncoming vehicle. Patel’s negligence caused the Volkswagen GTI to crash into Page’s Kia Stinger. The collision happened in Jacksonville, a major city in northeast Florida known for its busy roads and intersections.

Injuries

The collision caused significant injuries to all occupants of the Kia Stinger. Diante Page, Chrissy Campbell, and minor Chloe Page all suffered bodily injuries from the impact. These injuries included physical pain and suffering. The plaintiffs experienced impaired bodily functions and disabilities, limiting their daily activities. Some injuries resulted in disfigurement, causing long-term physical and emotional effects. Beyond the physical trauma, the plaintiffs endured mental anguish, common in violent accidents. The injuries also diminished their capacity to enjoy life, affecting their overall quality of life. The complaint emphasized that these injuries were likely caused by the accident, supported by medical experts.

Damages

The accident caused substantial damages for all plaintiffs. They incurred significant medical expenses for necessary care and treatment. These expenses included emergency services, hospitalization, diagnostic tests, medications, and ongoing therapies. The plaintiffs also suffered economic losses due to the accident. Their injuries prevented them from working, resulting in lost earnings. The complaint also alleged a loss of future earning capacity, suggesting long-term effects on their income. The plaintiffs claimed these injuries and damages were permanent, indicating ongoing suffering and losses. The permanence of these injuries increased the potential value of their claims. Additionally, the accident aggravated pre-existing injuries or conditions, complicating their recovery and increasing their damages.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Diante Page | Chrissy Campbell,  individually and as Parent and Natural Guardian of Chloe Page, a minor
    • Counsel for Plaintiff: Nicholas Donald Seidule| Matthew Jordan Grossman | Stephen A. Marino Jr. | Albert Heinz Lechner |  Jessica L. Lanifero |  Nicholas Edward Concilla | Darren Willis | Chelsea Ellis Mims.
    • Experts for Plaintiff(s): Mark Frisk | Dr. Timothy B. Osbon
  • Defendant(s): Priyas Patel
    • Counsel for Defendants: Edgardo Ferreyra Jr.| Julie Lewis Hauf.
    • Experts for Defendant(s): Marvin Merrit | Dr. Gerard M. Gerling | Dr. Joseph Graham Jr. 

Claims

The Plaintiff alleged that Patel negligently operated and maintained his 2018 Volkswagen GTI by attempting to make a left turn across their path, thereby failing to yield the lawful right of way. This negligence, they claimed, directly caused the collision and resulting injuries. The complaint structured the claims into three counts: Count I for Diante Page vs. Priyas Patel, Count II for Chrissy Campbell vs. Priyas Patel, and Count III for Chrissy Campbell as parent and natural guardian of Chloe Page, a minor, vs. Priyas Patel. Each count reiterated the negligence claim and resulting damages.

Defense

Priyas Patel, the defendant, responded to the lawsuit filed by Diante Page, Chrissy Campbell, and Chloe Page. Patel denied all allegations of negligence and liability for the plaintiffs’ injuries and damages. He admitted to basic facts about the incident’s location and vehicle ownership but contested the claim that he failed to yield the right of way or caused the collision.

Patel asserted several affirmative defenses. He claimed that third parties, over whom he had no control, were the sole legal cause of the plaintiffs’ injuries. He also argued that the plaintiffs’ injuries resulted from incidents at other times or places unrelated to the accident in question. Patel contended that the plaintiffs failed to mitigate their damages by not promptly seeking proper medical treatment, following medical advice, or keeping appointments. The defendant raised issues of comparative negligence, stating that the plaintiffs’ own negligence either caused or contributed to the accident. He claimed that the plaintiffs’ failure to use seatbelts, if applicable, should reduce any damages awarded. Patel also asserted that some of the plaintiffs’ alleged injuries were pre-existing or caused by other accidents.

Patel challenged the plaintiffs’ right to claim certain medical expenses, arguing that some bills might have been waived, written off, or resulted from unlawful referral arrangements. He questioned whether the plaintiffs’ injuries met the threshold required by Florida’s No-Fault Act for recovering non-economic damages. The defendant also invoked the principle of comparative fault, arguing that any judgment should be based on each party’s percentage of fault rather than joint and several liability.

Expert Testimony:

The plaintiffs retained two expert witnesses for their case. Dr. Mark Frisk, a Board-Certified Diagnostic Radiologist from South Jacksonville Beach, FL, reviewed the plaintiffs’ medical records and imaging studies. He planned to testify on the causation of the plaintiffs’ medical conditions. Dr. Timothy B. Osbon, a Board-Certified Emergency Medicine Specialist and Physician Life Care Planner from Charleston, SC, planned to offer opinions on the plaintiffs’ employability, wage-earning capacity, work transition, and future medical treatment.

The defendant retained three expert witnesses. Dr. Marvin Merrit, a chiropractor from Pompano Beach, FL, reviewed Chloe Page’s medical records to testify about her injuries and treatment. Dr. Gerard M. Gerling, a neurologist from Palm Coast, FL, examined Diante Page and prepared to testify about his injuries and treatment. Dr. Joseph Graham Jr., an orthopedist from Jacksonville, FL, examined both Diante Page and Chrissy Campbell and was set to testify regarding their injuries and treatment.

Jury Verdict

On July 25, 2024, the jury found negligence on Diante Page’s part, apportioning 25% of the fault to him and 75% to Priyas Patel in a Car Crash Lawsuit. They returned a verdict with the following damages:

Total damages awarded:

Future medical expenses:

  • Diante Page: $210,000
  • Chrissy Page: $205,000

Pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and loss of capacity for the enjoyment of life:

Diante Page:

  • Past: $25,000
  • Future: $322,000
  • Total for Diante Page: $347,000

Chrissy Page:

  • Past: $25,000
  • Future: $312,000
  • Total for Chrissy Page: $337,000

Total damages awarded to both plaintiffs: $1,099,000

Court Documents:

Available Upon Request