Lorraine Slack-Davidson vs. Vice Towing, Inc.
Case Background
On July 8, 2024, Lorraine Slack-Davidson filed a premises liability lawsuit against Vice Towing, Inc. in the Eleventh Circuit Court of Miami-Dade County, Florida (Case No. 2024-012612-CA-01). She alleged property damage caused in a hit-and-run incident by the Defendant. Judge Reemberto Diaz presided over the case. When the Defendant failed to respond, the Court issued a default order, proceeding to a trial on damages.
Cause
Lorraine Slack-Davidson filed a lawsuit against Vice Towing, Inc. after a hit-and-run accident involving the Defendant’s tow truck. On April 5, 2024, the tow truck driver attempted to back into a location at 1330 NW 183rd Street in Miami Gardens, Florida, to drop off a vehicle. While maneuvering, the tow truck struck the east corner of the Plaintiff’s residence. The impact caused significant structural damage. Instead of stopping, the driver fled the scene without providing any information to the homeowner.
The Plaintiff captured the vehicle’s license plate on her phone, which helped identify the responsible party. The hit-and-run incident left her without immediate recourse, forcing her to pursue legal action against Vice Towing, Inc.
Injuries
The collision severely damaged the Plaintiff’s home, compromising its structural integrity. The impact affected the residence’s wall, with repair costs estimated at $5,000. The Plaintiff also suffered emotional distress due to the sudden and forceful nature of the crash. The hit-and-run aspect of the accident worsened her suffering. She had to handle the aftermath alone, without assistance or accountability from the tow truck operator.
Damages
The lawsuit sought compensation for property damage, emotional distress, and additional costs caused by the accident.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Lorraine Slack-Davidson
- Counsel for Plaintiff: Layla R. Samman
- Experts for Plaintiff(s): Benjamin J. Sens, CGC, CBC
- Defendant(s): Vice Towing, Inc.
- Counsel for Defendants: N/A
Claims
The Plaintiff alleged negligence against Vice Towing, Inc. She argued that the company failed to properly train and supervise its tow truck driver. The driver operated the vehicle carelessly and did not ensure a safe and controlled backing maneuver. His decision to flee the scene demonstrated reckless disregard for safety and legal responsibilities. Further, the Plaintiff contended that Vice Towing, Inc. bore full responsibility for the tow truck crash and the hit-and-run incident that followed.
Defense
Vice Towing, Inc. failed to respond to the Plaintiff’s complaint. The company did not file any legal documents as required under Fla. R. Civ. P. 1.140(a)(1). Despite proper service, the Defendant took no action to contest the allegations or present a defense.
As a result, on October 8, 2024, the Court entered a default order against Vice Towing, Inc. The company’s inaction allowed the Plaintiff to secure the right to a final default judgment. Since the case involved unliquidated damages, the Court scheduled a trial to determine appropriate compensation.
Expert Testimony
Benjamin J. Sens, a Certified General Contractor (license CGC1522637) and Community Association Manager (license 40215), testified about the necessary repairs. He analyzed the structural damage and explained the required reconstruction process.
Sens identified the impact’s severity and described how the damage required extensive reinforcement. He provided a detailed cost estimate, confirming that the repairs aligned with industry standards. He also addressed local building codes and permitting requirements, ensuring that the proposed work met all regulations.
Jury Verdict
On February 4, 2025, the jury awarded Lorraine Slack-Davidson $184,740 in compensation. The jury found Vice Towing, Inc. fully responsible for the tow truck accident. They determined that the Defendant failed to take reasonable precautions to prevent the damage.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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