Florida Verdicts

Plaintiff(s):

Alvin Hansard (Male, 54 Years), 

Kimberly Hansard (Female, 47 Years)

Plaintiff Attorney(s):

Gary S. Betensky;
Richman Greer, PA;
Miami,
FL,
for
Alvin Hansard, Kimberly Hansard ■ Eric M. Sodhi;
Richman Greer, PA;
Miami,
FL,
for
Alvin Hansard, Kimberly Hansard

Plaintiff Expert(s):

Ashok Reddy;
M.D.;
Orthopedics;
Atlanta,
GA called by
Gary S. Betensky, Eric M. Sodhi ■ Louis Damis;
Ph.D.;
Psychology/Counseling;
Orlando,
FL called by
Gary S. Betensky, Eric M. Sodhi ■ Scott Pennington;
M.D.;
Orthopedics;
Atlanta,
GA called by
Gary S. Betensky, Eric M. Sodhi

Defendant(s):

Jose Luis Marin Lopez, 

Brickman Group Ltd LLC

Defense Attorney(s):

Mitchell L. Lundeen;
The Chartwell Law Offices LLP;
Miami,
FL,
for
Jose Luis Marin Lopez, Brickman Group Ltd LLC

Insurer(s):

ACE American Insurance Co. for Brickman Group Ltd LLC

On Dec. 3, 2010, Alvin Hansard, 54, retired, was riding his Harley-Davidson motorcycle on Interstate 595 in Fort Lauderdale with his wife Kimberly Hansard, 47, retired, on the back when they became involved in an accident. The Hansards claimed the tailgate to a 25-foot trailer being pulled by a Ford-450 pickup truck operated by Jose Luis Marin Lopez in front of them detached and collided into their motorcycle causing Alvin Hansard to lose control sending the couple to the pavement. The Hansards sustained multiple bodily injuries. The Hansards sued Lopez and his employer, the Brickman Group Ltd LLC, who owned the truck, for gross negligence. Lopez was subsequently dropped from the suit as it was determined he was operating the truck within the scope of his employment. The Hansards claimed the metal pin used to secure the tailgate to the trailer fell out, the tailgate flew off, and crashed into the Hansards’ motorcycle. The plaintiffs’ counsel alleged Brickman Group failed to properly maintain the trailer in a reasonably safe condition in that Brickman Group was aware the pin securing the tailgate had a tendency to vibrate out of its housing when under motion, and that phenomenon had caused the tailgate to crash to the pavement as recently as a day before the subject accident. The plaintiffs’ counsel further alleged Brickman Group chose to not spend money to fix the alleged dangerous condition. The plaintiff’s’ counsel alleged that Brickman management instructed Lopez to use the dilapidated trailer on the day of the accident. The counsel further alleged that Brickman Group engaged in spoliation of evidence: Brickman intentionally destroyed a crew dispatch sheet and a daily vehicle inspection report for the day of the subject accident. The crew dispatch sheet was used to assign truck, trailers and other equipment to its employees for the job they would be working on that particular day; the daily vehicle inspection report was required to be completed by the driver – which would reflect the condition of any trailer that was taken out on the road that day. Plaintiffs’ counsel alleged the two reports would have indicated whether Brickman instructed its employees to use the broken trailer on the day in question. Plaintiffs’ counsel further argued that Brickman’s knowledge of the dangerous state of the trailer, its decision to postpone replacing or fixing the pin on the trailer, and its instructing Lopez to take the trailer on public highways with full knowledge that the pin vibrates out causing the tailgate to detach was conduct so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. Prior to trial, the Court granted Plaintiffs’ motion to add punitive damages to the case. The defense claimed Lopez took the trailer to use at a jobsite without the permission of Brickman management. The defense also claimed that the trailer was not immediately repaired in part because they were waiting for the next budgetary cycle.

Alvin and Kimberly Hansard were transported by ambulance to a local emergency room. Alvin sustained a non-displaced fibular fracture to his right leg; medial meniscus tear of right leg; and a fracture olecranon bone in elbow of the dominant right arm. Kimberly suffered severe road rash on both knees and both elbows. The Hansards were stabilized, treated, and discharged two days later. On Dec. 14, 2010, Alvin Hansard underwent open reduction internal fixation surgery with a plate, two Kirschner wires and four screws implanted to repair his fractured elbow. In 2011, Alvin underwent three revision procedures due to complications caused by shifting of elbow hardware. In 2012, Alvin underwent arthroscopic surgery on his knee wherein 60 percent of his meniscus was removed. Alvin fibular fracture resolved without surgical intervention; he also underwent one year of physical therapy. Alvin claimed he continued to have residual pain in his elbow and knee. Alvin claimed he no longer rides motorcycles, which was a major part of his life. Alvin also claimed he can’t play golf or go fishing as he much as he used to do. Kimberly claimed she suffered scarring on both of her knees and elbows, and that she suffered emotional distress as a result of the accident; she also claimed the accident was a near-death experience. In addition, Kimberly claimed she can no longer get on a motorcycle, despite the fact that riding on the back of a motorcycle with her husband was a great passion she enjoyed prior to the accident. Kimberly’s expert psychologist testified that she suffered post-traumatic stress disorder, PTSD. He testified that her life had changed immensely because of hear PTSD. He testified that she has recurring nightmares because of this near-death experience. He also testified Kimberly has a general feeling of danger when she is in a car or whenever she hears a motorcycle. He also testified that the accident was a major, life-changing event for the couple, who had recently retired before the accident having sold their successful pest control business they built together. He further testified the couple’s quality of life has been greatly reduced because their passion was largely focused on motorcycling. He further testified that motorcycling was an important part of enjoying their golden years. The plaintiffs sought to recover compensatory damages for past and future medicals; and past and future pain and suffering. The plaintiffs also sought punitive damages. The defense did not actively dispute the issue of the couple’s injuries.

The case was settled on the third day of trial: Brickman Group’s insurer areed to pay $900,000.

Judge:

Sandra Perlman

Trial Length:

3
 days

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