Orlando Jury Finds City Liable in Diaz Injury Case
Table of Contents
Case Background
Luis Diaz, Jr. filed a Complaint against the City of Orlando in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida. The lawsuit claimed damages exceeding $30,000.00, exclusive of interest, costs, and attorney’s fees.
Cause
The incident occurred on or about January 27, 2020, at 5:51 PM, on State Road 50 (SR 50) at or near the intersection with Cathcart Avenue in Orlando, Florida. Mr. Diaz was a passenger in a motor vehicle operated by Veronica Leon, which was stopped in traffic on E SR 50, traveling eastbound. Edward Desjardin, a City of Orlando employee, was operating a city-owned motor vehicle westbound on E SR 50 when he made a left turn onto Cathcart Avenue. The rear left side of Mr. Desjardin's vehicle impacted the rear driver's side of the vehicle carrying Mr. Diaz. The Complaint alleged that Mr. Desjardin negligently and carelessly operated and/or maintained his vehicle, causing the collision. An investigation found Mr. Desjardin at fault, and his vehicle was towed from the scene due to damage.
Injury
As a result of the collision, Mr. Diaz claimed to have sustained serious and permanent injuries. The Notice of Claim and Complaint specified the following types of injuries and losses:
Physical Injuries
Mr. Diaz initially described his injuries as back pain, neck pain, and headaches. The Complaint detailed that he suffered a significant and permanent loss of an important bodily function and/or permanent and significant scarring, and a permanent injury within a reasonable degree of medical probability other than scarring or disfigurement.
Non-Economic Damages
He also claimed damages for pain, suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and a loss of capacity for the enjoyment of life.
Damages Sought
Mr. Diaz sought compensation for relief to include, but not be limited to, all permanent injuries, past and future medical bills, wage loss, mileage, prescriptions, pain and suffering, property damage, and any and all other out-of-pocket expenses incurred as a result of the accident. The Complaint specifically requested damages for expenses of medical care and treatment in the past and in the future, and loss of wages and/or loss of earning capacity in the future, asserting all losses were continuing and/or permanent.
Key Arguments and Proceedings
The City of Orlando filed its Answer and Affirmative Defenses on September 23, 2021.
Legal Representation
Plaintiff(s): Luis Diaz, Jr.
· Counsel for Plaintiff(s): Ethan M. Kim, Esq. | Monica Vandevar, Esquire. | Richard Dellinger
· Experts for Plaintiff: Cesar Abiera | Christina L. Sajgo | Rajnarine Roopnarine | Gerardo Martinez | Jose Pizarro | Robert Martinez | Donald Behrmann | Terel Newton | Rafael Romero | Anthony P. Cucchi | Jason Highsmith
Defendant(s): City of Orlando
· Counsel for Defendant(s): Martha Lee Lombardy | London Ott
· Experts for Defendant: Michael J. Broom | Richard L. Shure
Claims
The Complaint brought a single count against the municipality, Count I -Action by Plaintiff for Vicarious Negligence Against Defendant, City of Orlando. Mr. Diaz asserted the City was vicariously liable for Mr. Desjardin’s negligence pursuant to Florida's Dangerous Instrumentality Doctrine.
Defense
The City of Orlando formally denied the allegations of negligence and presented multiple affirmative defenses.
Comparative Fault and Limitations
The City asserted that any judgment against it must be specifically limited to its own percentage of fault in accordance with Florida Statutes, Section 768.81. The City also stated its liability was limited by the terms of Florida Statutes, Section 768.28, and applicable law, and that it was entitled to introduce evidence of collateral sources.
Third-Party Negligence
The city affirmatively alleged that the Plaintiff's injuries were proximately caused by the acts and/or omissions of others, including, but not limited to, Veronica Leon, or some intervening cause over which the Defendant had no control.
Statutory Threshold and Mitigation
The city claimed that the Plaintiff failed to mitigate his damages. Furthermore, the City argued that the Plaintiff was not entitled to recovery because his claim was governed by the Florida Automobile Reparations Reform Act and Section 627.736, Florida Statutes, and he had failed to exceed the required injury threshold, thus leaving the Court without jurisdiction over the subject.
Jury Verdict
After considering the evidence, testimony, and legal arguments presented by both sides, the six-person jury delivered its verdict on May 8, 2025. The jury's findings established the facts of the case as follows:
The jury determined that the negligence on the part of Edward Desjardin was a legal cause of loss, injury, or damage to Luis Diaz, Jr. This finding affirmed the Plaintiff’s core claim of liability against the City’s employee.
The jury then rejected the City’s defense argument of third-party negligence. They specifically found that Veronica Leon was not negligent in a way that legally caused the Plaintiff’s harm. This eliminated the issue of comparative fault, meaning Mr. Desjardin and, by extension, the City of Orlando bore the full legal responsibility for the accident.
Addressing the City's claim that the Plaintiff had not met the legal requirements for a severe injury, the jury found otherwise. They confirmed that Luis Diaz, Jr. did sustain a permanent injury as a result of the January 2020 crash.
The verdict marked a significant victory for Mr. Diaz on the key issues of liability and permanent injury, establishing the City of Orlando's legal responsibility for the collision.