Florida Verdicts

Plaintiff(s):

Samantha M. Justyn (Female, 25 Years)

Plaintiff Attorney(s):

Howard C. Coker;
Coker, Schickel, Sorenson, Posgay, Camerlengo & Iracki;
Jacksonville,
FL,
for
Samantha M. Justyn ■ Charles A. Sorenson;
Coker, Schickel, Sorenson, Posgay, Camerlengo & Iracki, P.A.;
Jacksonville,
FL,
for
Samantha M. Justyn ■ Charles A. Sorenson Jr.;
Coker, Schickel, Sorenson, Posgay, Camerlengo & Iracki, P.A.;
Jacksonville,
FL,
for
Samantha M. Justyn

Plaintiff Expert(s):

E. Franco; M.D.; Radiology; Jacksonville,
FL called by:
Howard C. Coker, Charles A. Sorenson, Charles A. Sorenson Jr. ■ Fady Bahri; M.D.; Orthopedics; Jacksonville,
FL called by:
Howard C. Coker, Charles A. Sorenson, Charles A. Sorenson Jr. ■ Rick Robinson; Ph.D.; Life Care Planning; Jacksonville,
FL called by:
Howard C. Coker, Charles A. Sorenson, Charles A. Sorenson Jr. ■ Linda Weseman; P.E.; Engineering; Gainesville,
FL called by:
Howard C. Coker, Charles A. Sorenson, Charles A. Sorenson Jr. ■ Robert Savarese; D.O.; Pain Management; Jacksonville,
FL called by:
Howard C. Coker, Charles A. Sorenson, Charles A. Sorenson Jr.

Defendant(s):

Ari Fleet LT, 

Marvin D. Golden, 

Valleycrest Landscape Maintenance, Inc.

Defense Attorney(s):

Allison R. Jaeger;
Wilson Elser Moskowitz Edelman & Dicker LLP;
West Palm Beach,
FL,
for
Ari Fleet LT, Marvin D. Golden, Valleycrest Landscape Maintenance, Inc. ■ Rodney J. Janis;
Wilson Elser Moskowitz Edelman & Dicker LLP;
West Palm Beach,
FL,
for
Ari Fleet LT, Marvin D. Golden, Valleycrest Landscape Maintenance, Inc.

Defendant Expert(s):

Chaim Rogozinski;
Orthopedic Surgery;
Jacksonville,
FL called by:
Allison R. Jaeger, Rodney J. Janis ■ Gerard Gerling;
Neurology;
East Palatka,
FL called by:
Allison R. Jaeger, Rodney J. Janis ■ Norman Pevsner;
Radiology;
Miami,
FL called by:
Allison R. Jaeger, Rodney J. Janis

n 2012, plaintiff Samantha M. Justyn, 25, a student, was riding her bicycle south on Main Street near the intersection at Adams Street in downtown Jacksonville when she became involved in a motor vehicle accident. Justyn claimed she was riding her bike in the street close to the curb when a Ford F-250 truck towing a trailer loaded with lawn care equipment operated by Marvin D. Golden, who was also going south on Main Street, overtook her and made a wide right turn onto Adams Street. Justyn claimed Golden cut the turn too tight and the trailer off-tracked. Justyn claimed the right front side of the trailer struck her in back. Justyn claimed she injured her neck and lower back. Justyn sued Golden claiming he was negligent in the operation of his truck and trailer. Justyn also sued the owner of Golden’s vehicle, Valleycrest Landscape Maintenance, Inc., and its entity Ari Fleet LT claiming they were vicariously liable for the driver’s actions because he was engaged in the scope of employment at the time. Justyn claimed she was riding her bicycle as closely as possible to the curb on the right side of the street. Plaintiff’s counsel claimed Golden was behind her. Justyn claimed she reached the intersection at Adams Street before Golden, when the truck overtook her and he made the right turn. Justyn’s accident reconstruction expert opined that under Florida Statute 316.2065(1), bicyclists have the right to use the road. She opined that although there was no bicycle lane, bicyclists must ride as close to the right curb as feasible, according to Florida Statute 316.2065(5)(a). She further opined that under this scenario, Justyn was doing exactly as the law requires. She opined that Golden should have waited until Justyn had passed through the intersection before he attempted his turn. Defense counsel for Golden claimed he never saw Justyn before the truck’s trailer impacted with her. Golden claimed Justyn must have seen that he, Golden, was intending to turn right at the intersection and attempted to overtake him and rode her bike into a blind spot.

Justyn presented to an emergency room a day after the accident with complaints of neck and low back pain. She had X-rays and was discharged with instructions to follow up with an orthopedist. Justyn was ultimately diagnosed with disc herniations at C2-3, C3-4, and C4-5 with facet and ligament damage; L4-5 posterior disc protrusion, with straightening of the lordosis of spine; and bruising, abrasions and muscle damage to her right calf and ankle. Justyn also claimed resulting radiculopathy from her neck into shoulders. The plaintiff received three facet injections, and underwent several sessions of radiofrequency ablations. Justyn claimed she led a very active lifestyle before the accident, including yoga, rock climbing, bicycling, basketball, working out at the gym, and water sports. The plaintiff claimed she can no longer do those activities, due to continued pain. Justyn’s expert radiologist opined that the MRI and X-rays evidenced instability of the vertebra and herniations. Justyn’s treating orthopedist opined that she would require future cervical fusion surgery. Justyn subsequently graduated from college and obtained work as a pharmacist. She claimed she had intended to work in retail pharmacy before her accident, but said she had to opt for hospital pharmacy work instead, because she could not handle the physical demands of retail work that would entail standing on her feet 12 hours at a time and lifting heavy boxes of medications. Justyn’s life care planner opined that she suffered a loss of earnings capacity because there is a wage gap between retail and hospital pharmacy work. Justyn sought to recover damages for past and future medicals; past and future lost earnings capacity; and past and future pain and suffering. Justyn’s counsel suggested the jury award $1 million. The defense’s medical experts opined that Justyn did not sustain any disc herniations. They opined that Justyn sustained minor, soft-tissue injuries that healed.

The jury found there was negligence on the part of defendant Marvin D. Golden which was a legal cause of injury to the plaintiff. The jury found there was no negligence on the part of the plaintiff. The jury determined that the plaintiff’s damages totaled $1,728,500.

Samantha M. Justyn: $762,500 Personal Injury: past and future medical costs; $216,000 Personal Injury: past and future lost earnings capacity; $750,000 Personal Injury: past and future pain and suffering

Judge:

Karen K. Cole

Demand:

$1 million

Trial Length:

7
 days

Trial Deliberations:

4
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.