Norma Jimenez v. Miami Dade County

Case Background

Plaintiff Norma Jimenez filed the  lawsuit on December 24, 2022, against Miami-Dade County in the Florida State, Circuit Court of Miami-Dade County. The case was assigned number 2022-024450-CA-01 and was presided over by Judge Pedro P. Echarte, Jr. Jimenez initiated this legal action seeking damages for injuries she allegedly sustained while riding as a passenger on a Miami-Dade County public bus.

Cause

On February 28, 2019, Norma Jimenez was a passenger on a Miami-Dade County public bus, specifically bus number 2611 operating on Route 17. The incident occurred in Miami-Dade County, Florida. The bus driver, an employee of Miami-Dade County, operated the vehicle negligently without providing proper warnings to passengers. This negligent operation caused Jimenez to fall inside the bus, resulting in severe injuries. Miami-Dade County owned the bus and had entrusted its operation to the driver. At the time of the incident, the driver was acting within the scope of their employment with the county. The complaint alleges that Miami-Dade County also negligently maintained the bus, contributing to the unsafe conditions that led to Jimenez’s fall.

Injuries

As a direct result of the fall, Jimenez suffered severe bodily injuries. These injuries caused pain and suffering, disability, disfigurement, and mental anguish. The incident also led to a loss of capacity for the enjoyment of life and potentially aggravated a pre-existing condition. Jimenez required medical and nursing care for her injuries.

Damages

Jimenez incurred significant damages due to the incident, including expenses for medical and nursing care, ongoing pain and suffering, loss of enjoyment of life, and potential long-term disability. The complaint stated that her injuries and losses were either permanent or continuing, indicating that Jimenez would continue to suffer in the future.

 Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Norma Jimenez
    • Counsel for Plaintiff: Karel Remudo, Esq.

 

  • Defendant(s):Miami-Dade County
    • Counsel for Defendants: Keri Bagala

 Claims

The complaint sought damages in excess of $30,000, exclusive of interest and costs. Jimenez alleged that Miami-Dade County, through its employee (the bus driver), breached its duty of care. She claimed the bus driver failed to follow safety rules and traffic laws. Additionally, the bus driver did not operate the public bus in a reasonably safe manner. The claim asserts that Miami-Dade County is liable for the negligent actions of its employee. At the time of the incident, the employee was operating the bus within the scope of their employment.

The complaint also alleges negligent maintenance of the bus by the county, suggesting a broader failure in ensuring passenger safety. Jimenez’s legal team argued that under Florida law, specifically citing Florida Statute § 768.28, Miami-Dade County had waived sovereign immunity for this type of tort liability. They asserted that the county’s actions were the type for which a private person under similar circumstances would be held liable. The complaint states that all conditions precedent to filing the action had been met, including providing timely notice of the claim to the county as required by Florida Statute § 768.28. The plaintiff demanded a jury trial on all issues and counts triable by jury as a matter of right.

Defense

The county admitted to some allegations, including ownership of the bus and the driver’s employment status. However, it denied most of Jimenez’s claims, particularly those related to negligence and liability.

In its defense, Miami-Dade County asserted four key points. First, it claimed it did not have actual or constructive notice of the alleged dangerous condition that supposedly caused Jimenez’s injuries. Second, the county argued that Jimenez’s own negligence caused or contributed to her injuries, invoking the doctrine of comparative negligence to potentially reduce or bar her damages. Third, Miami-Dade County stated it was entitled to a set-off from any recovery against it, citing Florida Statute § 768.76, which allows for the reduction of damages by the amount of benefits received from collateral sources. Lastly, the county contended that Jimenez failed to mitigate her damages, arguing that any recovery should be reduced by the amount that could have been mitigated.

The county denied that Jimenez was entitled to the relief demanded in her civil action. Miami-Dade County requested a jury trial on all triable issues and asked the court to enter judgment in its favor. This response aimed to challenge Jimenez’s claims of negligence and minimize the county’s potential liability in the case.

Jury Verdict

On May 15, 2024, the jury rendered a verdict in favor of the defendant. They indicated that they did not find Miami-Dade County negligent in a way that legally caused harm to Norma Jimenez.

Court Documents:

Available Upon Request