Carver v. Forry

VERDICT

Trial
07/13/09 – 07/23/09

Summary

Crash victim asserted negligent hiring and negligent entrustment claims against U.S. Security, a national security guard company, that allegedly failed to investigate the health record of a driver who blacked out while driving, crossed the center median, and collided into the plaintiff's vehicle.

The plaintiff claimed that the driver's blackout resulted from a severe vasodepressor syncope, for which the driver failed to take medication, and that the driver had for most of his life blacked out every year or two.

The defendant claimed that the driver blacked out due to an aortic dissection that occurred immediately prior to the crash, and that neither the driver nor the driver's employer could have foreseen that the driver would black out.

The plaintiff claimed that the driver's aortic dissection resulted from the the deployment of the airbag during the collision, after the driver blacked out.

The plaintiff suffered a permanent peripheral nerve injury, which resulted in chronic burning pain in her legs and feet, and sought $20M in damages.

The jury found that the driver's unconsciousness was not foreseeable, and the driver's employer was not negligent.

Outcome

Verdict for the defense

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Judge
Stephen Dakan
Jurisdiction
12th Judicial Circuit of Florida
Court
Lynn N. Silvertooth Judicial Center
Case Number
07-3455
Industry
Automotive
Practice Area
Tort Law, Employment Law, Negligence
Plaintiff
Carver, Wilma
Defense
Forry, Dennis
Expert Witnesses
Lay Witnesses

Sessions

JUL
14
JUL
15
JUL
16
JUL
17
JUL
20
JUL
21
JUL
22
AM Session
Verdict
3 Chapters
JUL
23

Recording Disclaimer: This proceeding was recorded in full except noted sections that were not recorded.

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