Personal Injury – Automobile/Motorcycle Accident
Bryant v. Capital Euro Cars
Leon County Case # 2004-CA-2899
Plaintiff was taken for a test drive in a Porsche Boxster by Capital Euro Cars salesman, Lorenzo Corona. Corona advised the Plaintiff that he was going to show him how the car could perform, proceeded to take the car 70 miles an hour through an S-curve of a two-lane road with a 35 mile per hour speed limit. The salesman lost control, and the Plaintiff, a seat belted passenger in a two-seat vehicle, was injured when the car crashed into a culvert. Plaintiff had a pre-existing hip implant that proceeded to break down due to osteolysis over several months after the accident. A substantial confidential settlement was obtained after the court allowed Plaintiff to amend the complaint for punitive damages against Capital’s salesman, Mr. Corona.
Bobby Johnson v. The Hardaway Company
Bay County Case # 93-3437-CA
Plaintiff was injured while traveling through the West Bay Bridge construction site when a crane positioned in the Intracoastal waterway dropped 6,000 pounds of lumber while swinging the load out over live traffic. Hardaway failed to use a flagger to stop traffic and used an improper sling mechanism to secure the load of lumber. Plaintiff suffered a comminuted fracture of the tibial plateau and back injuries. Plaintiff settled after extensive litigation, but prior to trial for $750,000.00.
W.C. Harlow v. GeoWaste of Florida, Inc.
Bay County Case # 97-1337-CA
Plaintiff, Shirley Harlow, was a candidate for lung transplant surgery at the Mayo Clinic in Rochester, Minnesota, due to a condition known as idiopathic pulmonary fibrosis. She wore an “oxilite” air tank to assist with her breathing and walked three miles a day in preparation for her lung transplant surgery. She had lost over 60 pounds conditioning herself for the lung transplant surgery. Mrs. Harlow was broadsided by a large street sweeper truck owned by GeoWaste, which ran a red light in Lynn Haven, Florida. The doctors at Mayo Clinic advised that Mrs. Harlow could not be a viable candidate for lung transplant surgery, which assured Mrs. Harlow she would be dying from her pulmonary fibrosis condition. The case was tried before a Bay County jury, and just before closing arguments, GeoWaste’s insurance company paid $850,000.00 to avoid a large verdict. Mr. Higby expedited the case under Florida Judicial and Administrative rules, and the check was received exactly one day to the year after Mrs. Harlow’s accident.
Gypsy Wotring v. USAA Insurance Company
Bay County Court Case # 2005-2533-CA
Plaintiff, Gypsy Wotring, was severely injured when a drug dealer trying to evade police in a high-speed chase ran a stop sign at the intersection of Highway 98 and Everitt Avenue. Mrs. Wotring obtained multiple soft tissue injuries, but ultimately was left with a condition known as lymphedema. Mrs. Wotring and her husband had uninsured motorist coverage with USAA. Mr. Higby successfully pursued a claim on their behalf and the case settled for a confidential amount at mediation.
Jeff Prumatico v. Keefer, et. al.
Walton County Case # 01-CA-202
Plaintiff, Jeff Prumatico, was injured in Destin when the Defendant, Keefer, ran a red light. Mr. Prumatico was driving a truck owned by his employer, Treasure Island Marina, and therefore received workers’ compensation benefits. Mr. Higby sued the Defendant Keefer and achieved a confidential settlement that adequately covered all workers’ compensation liens and Mr. Prumatico’s future claims.
Barbara Stoner v. Curt Miller Oil Company, et. al.
Bay County Case # 96-1863-CA
Barbara Stoner’s son, Jarred Stoner, was 18 and traveling as a passenger late one night in Panama City when the Camaro he was traveling in was broadsided by William Culley, of Curt Miller Oil Company. Culley was driving a semi tractor-trailer from the Panama City fuel depot north on Harrison Avenue. Stoner and the driver of Camaro were traveling east across Harrison Avenue at the intersection 13th Street. Plaintiff sued Culley and Miller Oil Company, and determined through deposition and discovery that the truck driver was 67 years old, diabetic, and blind in one eye. Additionally, Mr. Culley was using a “radar detector” device in his tractor-trailer rig that was carrying a full load of gasoline in the center of the city. The case settled for a confidential amount just before trial.
Hsiu Miller & Raymond Miller v. Ryan Kahn & Cody Khan
Mrs. Miller, a seamstress at Gayfers and Dillard’s department stores, was rear-ended by Defendant Cody Khan’s son, Ryan, at 23rd Street and Stanford Road in Panama City. Mrs. Miller had been treating for a chronic neck issue for several years prior to the accident. The accident triggered the need for spinal fusion performed by local neurosurgeon Dr. Franck. Mr. Higby settled the case for Ryan Khan’s policy limits of $100,000.00. His father Cody (who still maintained title on Ryan’s vehicle) paid an additional $30,000.00 from personal funds to settle the case.