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

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