National Verdicts

Plaintiff(s):

Ping Shen (Female), 

Baojun Liu (Male), 

Pengfei Sun (Female), 

Xiadong Cai (Female), 

Xinzhou Chen (Male), 

Quingyun Wang (Female), 

Estate of Hao Liu (deceased) (Male, 26 Years), 

Estate of Ying Chen (deceased) (Female, 27 Years)

Plaintiff Attorney(s):

Deborah J. Gander;
Colson Hicks Eidson;
Coral Gables,
FL,
for
Ping Shen, Baojun Liu, Pengfei Sun, Xiadong Cai, Xinzhou Chen, Quingyun Wang, Estate of Hao(deceased) Liu, Estate of Ying(deceased) Chen ■ Patrick S. Montoya;
Colson Hicks Eidson;
Coral Gables,
FL,
for
Ping Shen, Baojun Liu, Pengfei Sun, Xiadong Cai, Xinzhou Chen, Quingyun Wang, Estate of Hao(deceased) Liu, Estate of Ying(deceased) Chen

Plaintiff Expert(s):

Neil Freeman; P.E.; Accident Reconstruction; Miam i,
FL called by:
Deborah J. Gander, Patrick S. Montoya ■ David Williams; Ph.D.; Economics; Fort Lauderdale,
FL called by:
Deborah J. Gander, Patrick S. Montoya

Defendant(s):

Milady Pequeno, 

X.O. #1 Corporation

Defense Attorney(s):

Richard Blackburn Adams Jr.;
Adams Adams & Baca;
Miami,
FL,
for
Milady Pequeno, X.O. #1 Corporation ■ Raul Gabriel Delgado II;
Adams Adams & Baca;
Miami,
FL,
for
Milady Pequeno, X.O. #1 Corporation

Defendant Expert(s):

Kenneth Bynum;
Accident Reconstruction;
Miami,
FL called by:
Richard Blackburn Adams Jr., Raul Gabriel Delgado II ■ Stephen Durham;
Economics;
Tampa,
FL called by:
Richard Blackburn Adams Jr., Raul Gabriel Delgado II

Insurer(s):

Progressive Insurance Company ($500,000) for Milady Pequeno, and X.O. #1 Corporation

On Oct. 16, 2013 at 8:00 p.m., Ying Chen, 27, and Hao Liu, 26, both students, were struck by a 2013 Porsche Panamera driven by Milady as they crossed the intersection of SW 88th Street and SW 68th Court in the Pine Crest Village section of Miami-Dade County. Chen died at the scene and Liu died en route to an emergency room. Xinzhou Chen and Pengfei Sun, personal representatives of the estate and survivors of Chen, and Baojun Liu and Xiadong Cai, personal representatives for the estate and survivors of Liu, sued claiming she was negligent in the operation of her vehicle. The estates also sued the owner of ‘s vehicle, X.O. #1 Corporation, which is owned by , claiming it was vicariously liable for the driver’s negligence. Chen and Liu, who were Chinese nationals on scholarship in the doctoral program at the University of Miami’s School of Engineering, crossed the intersection of Kendall Drive and SW 68th Court, heading to their off-campus apartments. The estates alleged that the students crossed two lanes of westbound traffic, a median, an eastbound turning lane, and almost two more lanes of eastbound traffic before being struck and killed approximately three feet from the sidewalk on the south side of the intersection. The estates alleged was driving negligently and not paying attention. The estates claimed that witness testimony and people who overheard the accident confirmed that no braking or attempt to avoid the two students was made by . In addition, the estates claimed that and her mother, who was a passenger in the vehicle, were talking with one another before the crash. The Estates further alleged a driver of another vehicle stopped after she continued driving about the length of a football field and screamed at her, "You killed them!" was later convicted in traffic court of reckless driving. claimed she never saw Chen and Liu before the collision. It was undisputed that the physical evidence of the students’ injuries showed that they crossed directly in front of ‘s Porsche and were hit 2 to 3 feet inboard from the passenger side fender. ‘s accident reconstruction expert opined that the accident was more easily avoidable by Chen and Liu because they could see the oncoming car and only had to stop crossing the street to avoid the collision. He suggested that the two students ran out in front of ‘s Porsche and caused the accident. also claimed another vehicle blocked her view of the pedestrians. ‘s accident reconstruction expert opined that the only reasonable explanation that didn’t see Chen and Liu and that they continued across the street was that another vehicle was blocking ‘s view. The estates countered that ‘s testimony that she never saw the students cross in front of her meant she was not paying attention to the roadway. The estates also argued that coupled with ‘s mother’s testimony that she also did not see the pedestrians suggested and her mother were talking and looking at one another and not paying attention to the road before the collision. The estates argued that may have been looking at her grandson, who was asleep in the vehicle’s backseat. The estates’ accident reconstruction expert opined that based on physics and mathematics, ‘s view of the students could not have been blocked by a "phantom" vehicle. He opined that he came to that conclusion by calculating the approximate speed of ‘s vehicle using the area of collision indicated by evidence on the roadway with the distance the pedestrians were thrown after they were hit. He also opined that he calculated the students’ walking speed and showed that ‘s line of sight could not have been blocked by a phantom vehicle because that vehicle would have actually hit them instead of ‘s Porsche.

Both Chen and Liu died as a result of blunt force trauma. The estates’ expert economist opined that both Chen and Liu, who were in their second month of the Ph.D. program, would have graduated and found jobs as engineers in the United States. The estates’ counsel claimed the students planed to support their parents after completing their studies. The estates sought to recover damages for net accumulations and funeral and medical expenses. The surviving parents of Chen and Liu sought damages for their mental pain and suffering, as a result of the deaths of the students. The estates’ counsel suggested the jury award $2 million in economic damages to each set of parents. The estates’ counsel suggested the jury award $7 million to each set of parents for their pain and suffering. The defense argued that it was difficult to place a specific number on the estates’ clamed economic and non-economic damages.

The jury found Milady Pequeno 95 percent liable, and Ying Chen and Hao Liu 5 percent. The jury determined that the estate’s damages totaled $8,569,723. Because of comparative negligence, the award was reduced to $8,141,237.

Estate of Ying Chen (deceased): $71,909 Personal Injury: medical and funeral damages; $1,233,823 Personal Injury: loss of net accumulations; Xinzhou Chen: $1,500,000 Personal Injury: pain and suffering; Baojun Liu: $1,500,000 Personal Injury: pain and suffering; Estate of Hao Liu (deceased): $29,168 Personal Injury: medical and funeral damages; $1,233,823 Personal Injury: loss of net accumulations; Ping Shen: $1,500,000 Personal Injury: pain and suffering; Quingyun Wang: $1,500,000 Personal Injury: pain and suffering

Actual Award:

$8,141,237

Judge:

Migna Sanchez-Llorens

Trial Length:

6
 days

Trial Deliberations:

6
 hours

Jury Composition:

3 male/ 3 female

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