Vol. 54 No. 2

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Failure to Yield Right of Way

February 2018

Early one morning, Marc Rene, 34, was driving his sedan northbound on a ­two-lane road. Patrick Chancey, who was operating a tractor-trailer owned by Pat Salmon & Sons of Florida, pulled out of a truck yard and made a wide turn onto the roadway. This caused him to enter the northbound lanes, and he collided with Rene’s vehicle.

Rene suffered orthopedic injuries in the crash, including fractures to his right hip and knee and a degloving injury to his right heel. He underwent hip and knee surgeries and anticipates additional operations. Rene, who continues to suffer pain from his injuries, incurred medical expenses of nearly $230,700.

Rene sued Pat Salmon & Sons and Chancey, alleging failure to yield the right of way. Suit did not claim lost income.

The defense claimed that Rene failed to react quickly enough due to a lack of sleep and should have seen the oncoming truck.

The jury awarded more than $3 million, finding the plaintiff 30 percent responsible.

Citation: Rene v. Pat Salmon & Sons of Fla., Inc., No. 502015CA007601XXXXMB (Fla. Cir. Ct. Palm Beach Cnty. July 7, 2017).

Plaintiff counsel: AAJ members Jeanmarie Whalen and Fred Cunningham, both of Palm Beach Gardens, Fla.