Florida Verdicts

Plaintiff(s):

Estate of Abigail Dougherty (Female, 20 Years)

Plaintiff Attorney(s):

C. Richard Newsome;
Newsome Melton, P.A.;
Orlando,
FL,
for
Estate of Abigail Dougherty ■ Brian M. Beason;
Frohlich, Gordon & Beason, P.A.;
Port Charlotte,
FL,
for
Estate of Abigail Dougherty ■ W. Cort Frohlich;
Frohlich, Gordon & Beason, P.A.;
Port Charlotte,
FL,
for
Estate of Abigail Dougherty ■ Christopher E. Frohlich;
Frohlich, Gordon & Beason, P.A.;
Port Charlotte,
FL,
for
Estate of Abigail Dougherty

Plaintiff Expert(s):

G. Buchner; P.E.; Accident Reconstruction; Tallahassee,
FL called by:
C. Richard Newsome, Brian M. Beason, W. Cort Frohlich, Christopher E. Frohlich ■ William Sawyer; Ph.D.; Medical Toxicology; Sanibel,
FL called by:
C. Richard Newsome, Brian M. Beason, W. Cort Frohlich, Christopher E. Frohlich

Defendant(s):

WCA of Florida LLC

Defense Attorney(s):

Noel Johnson;
Lewis Brisbois Bisgaard & Smith LLP;
Coral Gables,
FL,
for
WCA of Florida LLC ■ Todd R. Ehrenreich;
Lewis Brisbois Bisgaard & Smith LLP;
Coral Gables,
FL,
for
WCA of Florida LLC ■ David Luck;
Lewis Brisbois Bisgaard & Smith LLP;
Coral Gables,
FL,
for
WCA of Florida LLC

Defendant Expert(s):

Timothy Joganich;
Accident Reconstruction;
Penns Park,
PA called by:
Noel Johnson, Todd R. Ehrenreich, David Luck

Insurer(s):

American International Group Inc.

On Oct. 28, 2016, plaintiffs’ decedent Abigail Dougherty, 20, a student, was bicycling southbound on NW 17th Street in Gainesville. While in the crosswalk of the intersection with West University Avenue, she was struck by a garbage truck that was executing a right turn onto that avenue. The truck was owned by WCA of Florida, LLC, and an employee of that company was driving the truck at the time of the crash. Dougherty was killed in the accident. Dougherty’s parents Pat Dougherty and Anita Forester, serving as co-representatives of their daughter’s estate, sued WCA of Florida. They alleged that the garbage truck driver was negligent in the operation of his vehicle, that his negligence caused Abigail Dougherty’s death, and that WCA of Florida was vicariously liable for the truck driver’s actions. Plaintiffs’ counsel argued that Abigail Dougherty was veering to the right at the time of the crash, to get from the 17th Street bike lane to the crosswalk. Counsel alleged that the truck driver failed to yield, failed to check his mirrors, failed to use his turn signal and failed to slow down as he executed his turn. The estate’s accident reconstructionist opined that the impact caused the bike to lean to the left before Dougherty was run over. The defense maintained that Abigail Dougherty was fully liable for the crash. The defense alleged that the deceased was executing a right turn at the intersection and then suddenly made a left in front of the garbage truck. The defense also retained an expert accident reconstructionist who stated that the truck driver’s right turn signal was on at the time of the crash. The defense further argued that tests showed Dougherty had both alcohol and cocaine in her system at the time of the crash. The defense thus invoked Statute 768.36 and alleged that the deceased was impaired prior to the accident. According to the statute, a plaintiff may not recover any damages if she was impaired by drugs or alcohol at the time of her injury and was more than 50 percent at fault for her own harm. Plaintiffs’ counsel admitted that Dougherty consumed alcohol and cocaine the night before the crash. But the estate’s toxicology expert stated that at the time of the accident, Dougherty was not impaired because the cocaine and alcohol in her body had already metabolized.

Abigail Dougherty was run over by the truck and sustained blunt force trauma injuries. She died at the scene. Dougherty’s parents each sought recovery of damages for their past and future pain and suffering. Their counsel asked the jury to award each parent $15 million for a total award of $30 million. In closing, the defense argued that the parents’ recovery should be limited to approximately $1 million each.

The jury found that WCA was 80 percent liable for Abigail Dougherty’s death, while Dougherty herself was 20 percent liable. The jury further found that Dougherty was not impaired by drugs or alcohol at the time of her death. The jury awarded Dougherty’s parents a total of $25 million. The comparative-negligence reduction produced a net recovery of $20 million.

Estate of Abigail Dougherty: $12,500,000 Personal Injury: past and future pain and suffering (Pat Dougherty); $12,500,000 Personal Injury: future pain and suffering (Anita Dougherty)

Actual Award:

$20,000,000

Judge:

Monica Brasington

Trial Length:

5
 days

Trial Deliberations:

4.5
 hours

Jury Vote:

6-0

Jury Composition:

3 male/ 3 female

This report is based on information that was provided by plaintiff’s and defense counsel. Additional information was gleaned from court documents.