$990,000.00 Settlement for Crushed Foot

Case

E.D., Plaintiff, v. Miami Provisions, Inc. and Ralph De Collibus, No. 06-04453 CA 11

Court

Miami-Dade County Circuit Court, 11th, FL

Attorneys

David W. Lipcon and Mitchell J. Lipcon of Lipcon & Lipcon, PA

Plaintiff, 81, retired, was planning on meeting her grandson at the Burger King located at Collins Avenue near 183rd Street for breakfast. Plaintiff did not own a car and used public transportation for all her needs. She had just dropped off some mail at a nearby post office and was walking northbound on the sidewalk on Collins Avenue, heading for the restaurant. A Boar’s Head delivery truck, owned by Miami Provisions Inc. and driven by Ralph De Cc-Anhui, was stopped at the stop sign at a shopping mall exit, facing Collins Avenue, intending to turn right (southbound). After making sure the truck was stopped, Plaintiff proceeded to walk in front of it, making it all the way across the nose of the vehicle, from its right to the left, before the truck started forward, hitting her and running over her left leg.

Plaintiff sued De Collibus and Miami Provisions for his negligent operation of a motor vehicle. Her lawyers contended that she had the right of way and had walked most of the way across the front of the truck before De Collibus negligently struck her.

The defense contended that Plaintiff was comparatively negligent. It contended that Plaintiff crossed in front of the large truck in a way that may have blocked the driver’s view of her.

INJURIES/DAMAGES amputation, below-the-knee: crush injury, .foot

Plaintiff’s left foot was crushed requiring multiple surgeries and eventually a below-the-knee amputation. Plaintiff sought damages for her medical bills and her past and future pain and suffering.

Result

The case settled pretrial for $990,000