Trial Magazine

Sean McFly, a 29-year-old student at the University of Florida, was heading to class from a campus parking lot. As McFly was walking in a ­crosswalk, a heavy work truck operated by Billy Harrison, a university employee, struck him. McFly suffered cervical disk herniations at C5-6 and C6-7, resulting in nerve damage to his hands. He suffers ongoing pain and will require spinal fusion surgery. His past medical expenses totaled $36,000.

McFly sued the university, alleging liability for Harrison’s failure to yield to a pedestrian in a crosswalk. The plaintiff claimed that Harrison had been using his cell phone at the time of the incident and failed to slow down before the impact.

The defense argued that McFly’s injuries were preexisting and that he should have gotten out of the way.

The jury awarded approximately $1.4 million. Interest increased the award to more than $1.45 million.

Citation: McFly v. Univ. of Fla. Bd. of Trs., No. 01 2016 CA 004086 (Fla. Cir. Ct. Alachua Cty. June 18, 2019).

Plaintiff counsel: AAJ members Julie Aleve Fine and Cherie H. Fine, both of Gainesville, Fla.