Jessina Presha vs. Hector Marquez Ibarra, et al

Case Background

On June 16, 2022, Plaintiff Jessina Presha filed a Motorcycle Accident lawsuit in the Florida State, Circuit Court of Sarasota County (Case number: 2022 CA 002793 ). Judge Stephen Walker presided over the case.

Cause

On February 18, 2022, Plaintiff Jessina Presha was riding her motorcycle near 17th Street and Mango Avenue in Sarasota County, Florida. At the same time, Hector Ibarra was driving a vehicle owned by his employer, Vic Brick Pavers, Inc., a Florida Profit Corporation authorized to operate in Sarasota County. While acting within the scope of his employment, Ibarra lost control of the vehicle and collided with Presha’s motorcycle. The collision occurred because Ibarra failed to safely operate the vehicle, pay attention to his surroundings, and follow Florida traffic laws. Since the crash happened during his regular business activities for Vic Brick Pavers, Inc., the employer-employee relationship was clearly established at the time of the incident.

Injuries

Presha sustained bodily injuries, which led to physical disability and disfigurement. She suffered significant pain and ongoing discomfort as a result of the accident.

Damages

The collision caused Presha to endure mental anguish and a loss of enjoyment of life. She incurred significant expenses for hospitalization, medical care, and nursing treatment. Additionally, the accident caused her to lose earnings and impaired her future earning potential. Her pre-existing conditions were also aggravated by the crash. These damages were either permanent or ongoing, continuing to affect her well-being in the future. Presha sought damages exceeding $30,000 for all claims and requested a jury trial.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jessina Presha
    • Counsel for Plaintiff: Crosby Crane
  • Defendant(s):Hector Marquez Ibarra | VIC Brick Pavers Inc.
    • Counsel for Defendants: Frances Prockop | Sanford Topkin | Scott Shelton

 Claims

Presha filed three claims in a Motorcycle accident lawsuit:

Negligence against Hector Ibarra: She claimed Ibarra failed to operate the vehicle safely, breaching his duty of care.

Dangerous Instrumentality against Vic Brick Pavers, Inc.: The company was vicariously liable as the vehicle’s owner under Florida’s Dangerous Instrumentality Doctrine, as Ibarra drove the vehicle with their consent and knowledge.

Respondeat Superior against Vic Brick Pavers, Inc.: The company was liable for Ibarra’s negligence as his employer, having control over his actions while he worked.

Defense

Hector Marquez Ibarra and Vic Brick Pavers, Inc. admitted some basic facts in their response but denied any negligence. They acknowledged Ibarra’s operation of the company vehicle and his employment relationship with Vic Brick Pavers but maintained that Ibarra drove the vehicle safely and in compliance with Florida law

The defense presented nine affirmative defenses. They argued that no duty was breached under Florida law and claimed that conditions beyond their control caused the incident. They further asserted that Presha’s own negligence either caused or contributed to her injuries, which should bar or reduce her recovery. The defense sought setoff under Florida Statute §768.76 for third-party payments and argued that Presha failed to mitigate her damages. They also claimed an independent intervening cause may have broken the chain of causation. They requested judgment under Florida Statute §768.78’s alternative payment methods and reserved the right to raise non-party negligence. Lastly, they argued that the collision was unavoidable due to adverse conditions rather than negligence.

The defense requested a ruling in their favor, demanding that the plaintiff recover nothing from the complaint. They also asked for reimbursement of costs related to the defense and requested a jury trial on all triable issues.

Jury Verdict

On August 15, 2024, The jury found Hector Marquez Ibarra negligent, and that his negligence caused Presha’s injuries in the February 18, 2022 collision. They also determined that Presha was 10% responsible for the accident. They assigned 90% of the fault to Ibarra and 10% to Presha.

Regarding damages, the jury awarded $890,799.87 for past medical expenses and $436,000.43 for future medical expenses. They also awarded $555,914.00 for past pain and suffering, disability, mental anguish, and disfigurement. For future non-economic damages, they awarded $7,118,280.00. In total, Jessina Presha was awarded $9,500,000.00 in a Motorcycle accident lawsuit.

Court Documents: 

Available Upon Request