Troester v McKinney: $141K Verdict for Distracted Driving
Table of Contents
Case Background
Jennifer Troester and her daughter Charlee Troester filed a negligence lawsuit against Tayler Lee Christian McKinney following a motor vehicle collision that occurred on August 21, 2020, at the intersection of Atlantic Boulevard and Joeandy Road in Duval County, Florida. The case proceeded through the Circuit Court of the Fourth Judicial Circuit in and for Duval County.
Cause
The accident took place when McKinney drove through a red light at the intersection while operating her 2019 Kia Soul. According to the accident report filed at the scene, McKinney admitted to the responding officer that she was distracted by her GPS and phone at the time of the collision. She told the officer she was "messing with her GPS and phone" and when she finally noticed the traffic light was red, it was too late to stop her vehicle.
Jennifer Troester was approaching the same intersection from a different direction and proceeded through a green turn arrow, having the right of way. McKinney's vehicle struck Troester's car with such force that the impact totaled the vehicle, making it impossible to repair. At the time of the collision, Troester's daughter Charlee was also in the vehicle as a passenger.
Injury
Jennifer Troester sustained serious and permanent injuries from the collision. The crash caused her significant physical trauma that resulted in ongoing pain and suffering. She experienced disability, physical impairment, and disfigurement from the accident. The collision also caused her mental anguish and emotional distress that continued well beyond the date of the accident. Her injuries were severe enough to interfere with her capacity to enjoy life as she did before the crash.
The medical evidence presented during the case showed that her injuries were permanent within a reasonable degree of medical probability. She required extensive medical treatment, including emergency care and rehabilitation services. The nature of her injuries meant she would continue to need medical care in the future.
Charlee Troester, who was a minor at the time of the accident and was represented by her mother as her natural guardian, also suffered injuries from the collision. Like her mother, she experienced physical and emotional trauma from the crash.
Damages Sought
The Plaintiffs filed their complaint on February 1, 2022, seeking damages exceeding $30,000, exclusive of attorney's fees, costs, and interest. They requested compensation for multiple categories of harm, including past and future medical expenses, past and future pain and suffering, loss of earning capacity, physical injuries, loss of capacity to enjoy life, emotional distress, mental anguish, inconvenience, contusions to the body, humiliation and embarrassment, loss of income, loss of ability to engage in usual activities, and damages to the vehicle.
Jennifer Troester specifically sought compensation for medical expenses she incurred both immediately after the accident and for ongoing treatment. She also sought damages for future medical expenses, recognizing that her injuries would require continued care. Additionally, she requested compensation for past and future pain and suffering, as well as for the permanent nature of her injuries.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Jennifer Troester and Charlee Troester
· Counsel for Plaintiffs: Kevin S. Sanders | Alexis Marie Clay | Michael David Marrese | Chelsea Ellis Mims | Nicolle P Von Roenn
· Experts for Plaintiffs: R. Brian Williams | Mark Frisk | Steven M. Toenjes | Andrew Cannestra | Christopher Roberts | Stephen Fierro | Tyler McKinnon | Kevin Jones | Shahid Nasir | Ferdinand Formoso | Jeffrey Smowton
Defendant: Tayler Lee Christian McKinney
· Counsel for Defendant: Alexis Marie Clay | Rhonda Burns Boggess | Josef Benno Hess | Derek J Bush
· Experts for Defendant: Geoffrey A. Negin | Matthew H. Berlet | Eric Gabriel | RichardA. Liles
Key Arguments or Remarks by Counsel
Claims
The Plaintiffs built their case around the Defendant's admitted distraction at the time of the accident. They emphasized that McKinney told the police officer at the scene that she was using her phone and GPS when the collision occurred. This admission became a central element of the negligence claim.
Jennifer Troester's attorney argued that McKinney violated multiple duties she owed to other drivers on the road. The complaint detailed how McKinney failed to drive carefully, failed to exercise extreme caution, and failed to follow Florida traffic statutes. Specifically, McKinney ran a red light while Troester had a green turn arrow and the right of way.
The Plaintiffs' legal team emphasized that McKinney failed to maintain proper control of her vehicle. They argued she did not give sufficient warning of her approach to the intersection, despite approaching a red light. The complaint stated that McKinney violated various city ordinances and Florida Motor Vehicle Statutes pertaining to vehicle operation, and most critically, she failed to exercise due care to avoid the collision.
The distracted driving element proved particularly important to the Plaintiffs' case. They argued that McKinney's decision to use her phone while driving was a primary cause of the negligent acts that led to the collision. This type of preventable distraction, they contended, demonstrated a clear breach of the duty every driver owes to others on the road.
The Plaintiffs presented evidence of the extensive impact the accident on their lives. They showed that Jennifer Troester's injuries were continuing in nature, meaning she would suffer pain, physical impairment, emotional injury, and physical handicap into the future. They demonstrated that she incurred substantial medical expenses and would continue to incur such expenses for ongoing treatment.
Defense
McKinney's defense attorney filed an answer to the complaint on March 22, 2022. While admitting certain jurisdictional facts and acknowledging that McKinney was the driver at the relevant intersection on the date in question, the defense denied most of the substantive allegations.
The defense raised several affirmative defenses designed to limit potential damages. First, they argued that the Plaintiffs received or would receive payment from collateral sources for the accident, and therefore any judgment should be reduced by such amounts. This defense aimed to prevent double recovery for the same injuries.
Second, the defense contended that the Plaintiffs could only recover the amount of medical expenses actually paid to and accepted by their healthcare providers. They argued the Plaintiffs could not recover any medical expenses written off by healthcare providers or amounts above what was contracted for and accepted.
Third, McKinney's attorney raised the Florida No-Fault Statute as an affirmative defense. They argued that the statute provides specific thresholds that injured parties must meet before bringing a lawsuit, and they contended the Plaintiffs were barred from recovery under these provisions.
The defense notably invoked Florida's Accident Report Privilege, suggesting that certain information from the accident report might be protected from use at trial. However, this defense faced the challenge that McKinney's admission to the officer about using her phone was documented in the report.
Jury Verdict
The jury returned its verdict on June 27, 2025, after considering all the evidence presented during the trial. The jury found in favor of the Plaintiffs and awarded significant damages to Jennifer Troester.
For medical expenses, the jury awarded Jennifer Troester $81,355.74 for past medical expenses incurred as a result of the August 21, 2020, motor vehicle collision. Looking forward, the jury determined she would require additional medical treatment and awarded her $10,000 for future medical expenses.
For pain and suffering, the jury made a substantial award reflecting the severity and permanence of Jennifer Troester's injuries. They awarded her $50,000 for past pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, and aggravation or activation of an existing disease or physical defect.
The total damages awarded to Jennifer Troester amounted to $141,355.74, which represented the sum of past medical expenses, future medical expenses, and past pain and suffering.
The jury reached this verdict after weighing the evidence of McKinney's distracted driving against the defense's arguments about collateral sources, the no-fault threshold, and potential mitigation failures. The substantial award for past damages combined with the modest future medical expense award suggested the jury found Jennifer Troester's injuries were serious and permanent, but perhaps stabilized to some degree.
The case demonstrated the serious consequences of distracted driving and the substantial liability that drivers face when they fail to pay attention to the road. McKinney's admission at the scene that she was using her phone and GPS proved to be a critical factor that the jury likely considered when determining liability and damages.
Court documents