Case Summary

Emma Arnett, as Personal Representative of the Estate of James D. Donaldson III, filed a wrongful death and tort action in Florida’s Eleventh Judicial Circuit (Miami-Dade County), seeking damages exceeding $30,000. Donaldson, 20 and unmarried, died following a crash on March 4, 2020. He was survived by his parents, Arnett and James Donaldson. Arnett was appointed Personal Representative on April 24, 2020. Defendants Charles D. Andre and Nancy Herard, Miami-Dade residents, were allegedly cohabiting at the time. Andre was driving Herard’s 2009 Mercedes SUV with her permission.

Accident Details

The crash occurred when Donaldson, driving south on U.S. 441, collided with Andre’s northbound Mercedes, which failed to yield while turning left onto NW 204 Terrace. Donaldson’s Mustang struck the Mercedes’ passenger side, flipped into a parking lot, landed on its roof, and caught fire. Andre allegedly fled the scene. The plaintiff invoked the dangerous instrumentality doctrine.

Injuries and Death

Donaldson and three passengers sustained serious injuries and were hospitalized. Donaldson died from his injuries on March 10, 2020. His death prompted a wrongful death suit on behalf of his estate and family.

Damages Claimed

The estate sought damages for loss of support, services, companionship, and mental anguish for all statutory survivors. Claims also included reimbursement for medical and funeral expenses, lost future earnings, and net accumulations. A jury trial, costs, and prejudgment interest were also demanded.

Key Arguments and Proceedings

Legal Representation

·       Plaintiffs: Emma Arnett | Estate of James D. Donaldson III

·       Counsel for Plaintiffs: Aaron Williams | Marni Adams | Courtney Clyne, Esq.

·       Expert Witness for Plaintiffs: Miles Elliott Moss | Farhad Booeshaghi

·       Defendants: Charles Duquesne Andre | Nancy Herard

·       Counsel for Defendants: Robert R. Coulombe Jr. | Marc S. Buschman

·       Expert Witness for Defendants: Enrique Bonugli

Claims

Negligence (Against Charles D. Andre)

Emma Arnett, as Personal Representative of the Estate of James D. Donaldson III, brought a negligence claim against Charles D. Andre. She alleged that Andre failed to yield while making a turn, breaching his duty to drive safely. This breach allegedly caused the crash that resulted in Donaldson’s death. The estate sought damages under Florida’s Wrongful Death Act for the losses suffered by statutory survivors.

Vicarious Liability (Against Nancy Herard)

Arnett also asserted vicarious liability against Nancy Herard, the owner of the Mercedes SUV Andre was driving. Under Florida’s dangerous instrumentality doctrine, Herard was allegedly liable for the vehicle’s use. In the alternative, Arnett claimed negligent entrustment, arguing Herard knowingly permitted Andre to drive. Based on Andre’s negligence, the plaintiff sought to hold Herard responsible for wrongful death damages.

Defense

Charles D. Andre and Nancy Herard denied all allegations and demanded strict proof. They argued that James D. Donaldson III was negligent and that his actions caused or contributed to the crash, reducing or barring recovery. Specifically, they claimed Donaldson failed to wear an available seatbelt, which substantially contributed to his injuries.

The defense also cited potential third-party negligence—naming Jordan Robert Johnson and others—to limit recovery under Florida Statute §768.81(3). They argued that damages from personal injury protection (PIP) and other collateral sources were not recoverable and challenged medical expenses they deemed excessive, unnecessary, or unrelated.

Andre and Herard further alleged that the plaintiff failed to mitigate damages by not using available health insurance, leading to inflated bills. They invoked Florida Statute §641.3154 and case law to argue that only amounts actually paid should be considered. The defendants also reserved their rights under Florida Statute §768.78 for any future economic damages awarded and maintained their right to raise additional defenses as discovery progressed.

Jury Verdict

On April 15, 2025, the jury found both Charles D. Andre and James D. Donaldson III negligent, assigning 66% of the fault to Andre and 34% to Donaldson.

The jury awarded $156,461.45 for medical and funeral expenses.

Emma Arnett received $5.4 million in pain and suffering damages—$3.4 million for past losses and $2 million for future losses.

James Donaldson II was awarded $1.75 million—$1 million for past pain and suffering and $750,000 for future damages.

Court Documents:

Complaint

Verdict