Florida Verdicts

Plaintiff(s):

Jeanne Lesniak (Female, 61 Years), 

Robert Lesniak (Male, 58 Years), 

Estate of Theresa (deceased) Lesniak (Female, 91 Years)

Plaintiff Attorney(s):

Judson L. Cohen;
Weinstein & Cohen, P.A.;
Miami Lakes,
FL,
for
Jeanne Lesniak, Estate of Theresa (deceased) Lesniak ■ Mark S. Weinstein;
Weinstein & Cohen, P.A.;
Miami Lakes,
FL,
for
Jeanne Lesniak, Estate of Theresa (deceased) Lesniak

Plaintiff Expert(s):

Marta Coburn; M.D.; Autopsies; Collier County,
FL called by:
Judson L. Cohen, Mark S. Weinstein

Defendant(s):

Peter Ferreira

Defense Attorney(s):

Kenneth M. Oliver;
Kubicki Draper;
Fort Myers,
FL,
for
Peter Ferreira ■ Stefanie D. Capps;
Kubicki Draper;
Fort Myers,
FL,
for
Peter Ferreira

Insurer(s):

Government Employees Insurance Co. For Peter Ferreira ($25,000 policy limit.)

On Nov. 30, 2013 at 1:17 p.m., plaintiff’s decedent Theresa Lesniak, 91, was operating her vehicle at the intersection of Tahiti Road and Bayport Avenue on Marco Island when a vehicle driven by Peter Ferreira slammed into the driver’s side of Lesniak’s vehicle. Lesniak was killed instantly upon impact. Jeanne Lesniak, as personal representative of the estate of her mother, Theresa Lesniak, sued Ferreira claiming he was negligent in the operation of his vehicle. Estate’s counsel alleged Ferreira recklessly sped through a stop sign and t-boned Lesniak’s vehicle. Counsel alleged Ferreira was intoxicated with alcohol at the time of the crash. Further, counsel alleged a black box in Ferreira’s Nissan Maxima indicated he was driving 77 mph at the time of impact in a 30-mph residential zone. Finally, estate’s counsel alleged Ferreira consumed three beers and five shots of liquor in a four-hour window before the crash. Ferreira refused to take a test to determine if he was impaired. Ferreira was charged with vehicular manslaughter, for which he was ultimately convicted and sentenced to 14 years in prison. Prior to trial, Ferreira conceded liability. The trial proceeded on the issue of the estate’s damages.

Theresa’s two children, Jeanne Lesniak and Robert Lesniak, sought to recover damages for their emotional pain and suffering, as a result of the death of their mother. The estate’s expert medical examiner opined that Theresa died from the automobile crash. She opined that other than her injuries sustained in the collision, the autopsy showed she was in good health, despite her advanced age of 91. The estate also sought funeral expenses and punitive damages. Estate’s counsel suggested the jury award $8 million. Defense counsel argued that Robert and Jeanne Lesniak should be awarded $100,000 each. The defense argued that no punitive damages should be assessed against Ferreira, considering his prison sentence.

The jury determined that Jeanne Lesniak’s compensatory damages totaled $2,500,000 and Robert Lesniak’s compensatory damages totaled $2,500,000. The jury determined the estate’s funeral expenses totaled $18,000. The jury also awarded the estate punitive damages totaling $75,000. Hence, the estate’s damages totaled $5,093,000.

Estate of Theresa (deceased) Lesniak: $75,000 Personal Injury: Punitive Exemplary Damages; $18,000 Personal Injury: funeral expenses; Jeanne Lesniak: $2,500,000 Personal Injury: mental pain and suffering; Robert Lesniak: $2,500,000 Personal Injury: mental pain and suffering

Judge:

Lauren Brodie

Trial Length:

3
 days

Trial Deliberations:

2
 hours

This report is based on information that was provided by plaintiff’s and defense counsel.