Florida Verdicts

Plaintiff(s):

Angela R. Crowe (Female, 19 Years), 

Joan Antonuccio (Female, 40 Years)

Plaintiff Attorney(s):

Ramon A. Rasco;
Podhurst Orseck, P.A.;
Miami,
FL,
for
Angela R. Crowe, Joan Antonuccio

Plaintiff Expert(s):

John Swiger; Ph.D.; Economics; San Antonio,
TX called by:
Ramon A. Rasco

Defendant(s):

Fanatics, Inc., 

Joseph Skladany, 

Albert Colarusso, 

Spectators3, LLC, 

Spectators V, Inc., 

Spectators IV, Inc.

Defense Attorney(s):

None reported;

for
Fanatics, Inc., Joseph Skladany, Albert Colarusso, Spectators3, LLC, Spectators V, Inc., Spectators IV, Inc. ■ Paul C. Darrow;
Paul C. Darrow P.A.;
Naples,
FL,
for
Albert Colarusso

On March 22, 2003, plaintiff Angela R. Crowe, 19, was a patron at Spectators Sports Pub in Naples, Fla., where she was administered alcohol without any request for identification or age. At 1 a.m. on March 23, 2003, Crowe left the bar with her boyfriend, Isaac L. Steves, 22, who drove to the bar and was intoxicated, on both alcohol and Xanax, a controlled substance prescribed for anxiety. Crowe was sitting in the front passenger’s seat of Steves’ vehicle. As they were traveling eastbound on CR-876 — the Golden Gate Boulevard — Steves dozed off, his vehicle veered off the road, and its right passenger’s side struck a tree near 9th Street SW in Naples. Steves’ vehicle was traveling at approximately 80 mph at the moment of impact. Crowe sustained severe injuries to her head, brain, ribs, liver, lungs, heart, legs and feet. Joan Antonuccio, 54, individually and on behalf of Crowe, sued the restaurant’s operator, Spectators3, LLC, n/k/a Reuben’s Place 1 LLC, and its owner, Albert Colarusso, for negligence, vicarious liability and breach of duty. The plaintiffs also sued several other entities directly or indirectly owned by Colarusso, who was president of Spectators IV, Inc., vice president of Spectators V, Inc., and president of Fanatics, Inc. They also sued Joseph Skladany, who was the manager of Spectators 3, vice-president of Spectators IV and Fanatics, and president of Spectators V, Inc., for negligence and vicarious liability. Following discovery, each of the parties sued, with the exception of Spectators3 LLC, were voluntarily dismissed from the complaint, due to their lack of involvement. Steves was charged with driving while intoxicated, was arrested at the scene of the accident and served one year in jail. He paid a judgment amount against him to the plaintiffs. Plaintiffs’ counsel alleged that a bartender named Rodney, who was employed by Spectators3, willfully and unlawfully served alcoholic beverages to Crowe with the knowledge that she was under age 21. Also, plaintiffs’ counsel claimed that the parties sued violated Florida State Statute § § 562.11(1)(a) and 768.125 by willfully selling and furnishing alcoholic beverages to Crowe with the knowledge that she was under age 21. Also, plaintiffs’ counsel contended that due to Crowe’s intoxication from the consumption of alcohol, she was incapable of making an informed decision about whether or not to travel in Steves’ vehicle while Steves was intoxicated. Further, plaintiffs’ counsel alleged that Crowe was incapable of taking reasonable steps to protect herself while a passenger in Steves’ motor vehicle, and that precluding her intoxicated state, Crowe would not have made the decision to ride as a passenger in Steves’ vehicle. Plaintiffs’ counsel contended that the parties sued failed to exercise due care in their hiring and selection of employees, agents and representatives, including bartenders, to ensure that alcoholic beverages were not sold or furnished to persons under the age of 21. In addition, plaintiffs’ counsel claimed that the parties sued failed to properly train, supervise and monitor its employees and failed to ensure they did not sell or furnish alcohol to persons under 21. Finally, plaintiffs’ counsel claimed the parties sued failed to lawfully operate and manage their business, unlawfully sold alcoholic beverages to Crowe on March 22 and 23, 2003, and alleged that the bartender, Rodney, and the parties sued operated the business in a hazardous manner and failed to take precautionary measures. Defense counsel denied all allegations. In 2007, the court directed a verdict on liability that held the defendant Spectators3, LLC, liable for the accident. The matter proceeded to a summary jury trial that addressed damages.

Crowe was placed in an ambulance and transported to the emergency room at Naples Hospital in Naples. She was unconscious, was admitted to the hospital and remained in a coma for one month. Crowe sustained a punctured lung, causing pulmonary arrest and respiratory complications; multiple, traumatic brain injuries; multiple rib fractures; chest trauma; a liver laceration and cardiac contusions. When she regained consciousness, Crowe underwent a tracheotomy and surgery to close her punctured lung. She sustained bilateral fractures in both her legs, which were placed in metal braces. Plaintiff’s counsel claimed that Crowe sustained approximately 40 fractures in the accident. Crowe suffered from liver failure resulting from a liver laceration. After undergoing surgery at Naples Hospital, Crowe was transported to Lee Memorial Hospital, in Fort Lee, where she was admitted, treated and monitored by doctors until her discharge in early 2004. Crowe had no memory of the accident, and could not move from her bed without the help of her mother or an aide. Plaintiffs’ counsel contended that Crowe suffered severe neurological impairment during the accident. She lost her ability to speak and does not remember her life before the accident. She began a daily course of physical therapy in 2005. Crowe spent the next seven years at home with her mother. During that time Crowe was completely dependent on her mother’s assistance, as she could not walk, dress herself or perform daily routine activities . In 2013, Crowe moved into the Immaculate House at Countryside, an assisted living facility in Clearwater. Crowe sleeps at the home, but is able to leave the facility on day trips with her mother. Crowe’s legs remain supported by metal braces. Her ability to walk is constantly compromised, and she often uses a walker to remain mobile. Crowe also suffers from severe gastroenterological and endocrine complications caused by the accident. She receives physical therapy three times a week and is administered prescription pain killers and other medication to relieve chronic pain throughout her body. She is closely monitored by a neurologist. Plaintiffs’ counsel contended that Crowe will never be able to live independently, and will require a lifetime of medical treatment and care. Crowe sought a recovery for past, actual economic damages and medical expenses; future economic damages and medical expenses; past and future loss of earning capacity; and noneconomic damages for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect and loss of capacity for the enjoyment of life. Joan Antonuccio sought a recovery for damages for lost income, as a result of her role as the legal guardian and caretaker for her daughter.

The jury awarded Angela Crowe $9,635,000 in economic damages. This total included $650,000 for past loss of earning capacity; $2,000,000 for future loss of earning capacity; $900,000 for past medical expenses; and $6,085,000 in future medical expenses. The jurors determined that Joan Antonuccio’s economic damages for lost income were $365,000. Further, the jurors awarded Crowe $50,000,000 in noneconomic damages. This total included $30,000,000 for past and $20,000,000 for future pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect and loss of capacity for the enjoyment of life. However, the defendants did not have an insurance policy on the bar. The defendants claimed that they sold the bar, and that the new owners are responsible for paying the $60 million verdict.

Joan Antonuccio: $365,000 Personal Injury: Past Lost Earnings Capability; Angela R. Crowe: $900,000 Personal Injury: Past Medical Cost; $6,085,000 Personal Injury: Future Medical Cost; $650,000 Personal Injury: Past Lost Earnings Capability; $2,000,000 Personal Injury: Future Lost Earnings Capability; $30,000,000 Personal Injury: Past Pain And Suffering; $20,000,000 Personal Injury: Future Pain And Suffering

Judge:

Cynthia A. Pivacek

Trial Length:

2
 days

Trial Deliberations:

2
 hours

Jury Composition:

2 male/ 4 female

This report is based on information that was provided by plaintiff’s counsel and defense counsel for Albert Colarusso. Defense counsel for the parties dismsised before trial, and for Spectators3 LLC, could not be located/identified by the reporter.