Florida Verdicts

Plaintiff(s):

Dawn Ashby (Female), 

Theresa M. Guy (Female, 27 Years), 

Estate of Glen(deceased) Ashby (Male, 39 Years), 

Estate of Nathian(deceased) Guy (Male, 4 Years)

Plaintiff Attorney(s):

Matthew D. Schultz;
Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A.;
Pensacola,
FL,
for
Theresa M. Guy, Estate of Nathian(deceased) Guy ■ Rachael R. Gilmer;
Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A.;
Pensacola,
FL,
for
Theresa M. Guy, Estate of Nathian(deceased) Guy ■ William M. Haselden;
William M. Haselden, PA;
Tallahassee,
FL,
for
Dawn Ashby, Estate of Glen(deceased) Ashby

Plaintiff Expert(s):

Chris Medwell;
BSME PE;
Accident Investigation;
Pensacola,
FL called by
Matthew D. Schultz, Rachael R. Gilmer ■ Rowland Lamb;
P.E.;
Highway/Street Signs;
Tallahassee,
FL called by
Matthew D. Schultz, Rachael R. Gilmer

Defendant(s):

Escambia County Florida, 

Roads, Inc. of Northwest Florida

Defense Attorney(s):

Yancey F. Langston;
Moore, Hill & Westmoreland, P.A.;
Pensacola,
FL,
for
Escambia County Florida ■ Steven M. Puritz;
Pennington P.A.;
Tallahassee,
FL,
for
Roads, Inc. of Northwest Florida ■ Arron Nesbitt;
Taylor, Anderson, LLP;
Denver,
CO,
for
Roads, Inc. of Northwest Florida ■ Linda J. Knight;
Taylor, Anderson, LLP;
Denver,
CO,
for
Roads, Inc. of Northwest Florida

Insurer(s):

Traveler’s Insurance (primary $1 million, excess $5 million) for Roads, Inc. of Northwest Florida

On Oct. 17, 2009, plaintiff Theresa M. Guy, 27, a teacher, was driving her 1999 Saturn sedan with her 4-year-old son Nathian Guy and friend Glen D. Ashby, 39, as passengers on Kingsfield Road near its intersection with County Road 97 in Cantonment when they became involved in a motor vehicle collision. A pickup truck traveling on County Road 97 broadsided Guy’s vehicle as it traveled into the intersection causing both vehicles to overturn. Ashby was killed instantly. Nathian Guy was transported by ambulance to Sacred Heart Children’s Hospital in Pensacola, where he died from his injuries on Oct. 28, 2009. Theresa Guy sustained facial and head injuries. Theresa M. Guy, as personal representative of the estate of her son, sued the construction company working on the intersection, Roads, Inc. of Northwest Florida, and Escambia County Florida for negligence and wrongful death. Dawn Ashby, as personal representative of the estate of her husband, also sued Roads, Inc. and Escambia County Florida asserting the same claims. The two cases were consolidated. Roads, Inc. was a contractor hired by Escambia County to install a turn lane on the right side of Kingsfield Road. The estates claimed that a few weeks before the accident, Roads, Inc. had put down the initial layer of asphalt in the turn lane and taken down the stop sign that governed the roadway that Guy was traveling on. The stop sign was moved 19 feet off to the right side of the road. Roads, Inc. also erected a stop sign on the left hand side of the intersection. The estates claimed at the time of the accident, there was heavy equipment parked in the turn lane which obstructed the view of the right hand stop sign from about 300 feet in violation of Florida state law. Escambia County settled with both estates prior to trial for terms that were not disclosed. The estate of Ashby settled with Roads, Inc. under terms that were not disclosed prior to trial. Theresa Guy claimed she never saw the stop signs or the other vehicle before the impact. The estate’s accident reconstruction expert argued that Road, Inc. violated regulations and standards in the misplacement of road barrels and road signs and had left heavy equipment in a designated clear zone, thus blocking a clear view of the stop sign that was moved off to the right side of the road. The Guy estate further argued that the barrels, signs and heavy equipment visually obstructed a clear view of the intersection itself. The estate’s traffic/signage expert opined that the left-hand stop sign was misplaced as no one looks to the left on a two-way road for a traffic control device. He further opined that the right-hand stop sign that was removed 19 feet away from the road was not visible until Guy’s vehicle was less than 300 feet from the intersection and even then it was in such an obscure place with so much clutter around, it was not obvious. The Guy estate also alleged that Roads, Inc.’s superintendent on the jobsite did not have the required training and certifications. Roads, Inc. denied that it was negligent. Defense counsel argued that the intersection’s condition did not contribute to the crash and the construction did not create a visual obstruction for Guy. Defense counsel argued that the accident was 100 percent Guy’s fault because both the left-hand and right-hand stop signs were visible. Defense counsel further argued that in addition to the two stop signs, there was also in place a "Stop Ahead" warning sign on the road that Theresa Guy should have been able to see clearly – well before she came upon the intersection.

Nathian Guy was transported by ambulance to Sacred Heart Children’s Hospital. Nathian Guy sustained severe head injuries in the accident rendering him unconscious; Nathian Guy never woke up and died Oct. 28, 2009. Theresa Guy sustained facial and head injuries. She claimed partial facial paralysis, speech and memory impairment and facial scarring. Theresa Guy’s claim for damages for her past and future medical costs; and past and future pain and suffering resulting from her physical injuries in the motor vehicle accident, was settled prior to trial. At the trial, Theresa Guy sought to recover damages for her own pain and suffering as a result of the death of her son. Theresa Guy’s counsel suggested the jury award $4,000,000 to $7,000,000. The defense acknowledged that the death of a child is a terrible loss to any parent but no amount of money will bring back her son. The defense argued that Theresa Guy has moved on with her life since the death of her son by continuing to teach and getting married. The defense also noted that Theresa Guy was divorced from Nathian’s father at the time of the motor vehicle accident but remarried him after their child’s death.

The jury found that Roads, Inc. was 90 percent negligent and Theresa Guy 10 percent negligent. The jury determined that damages totaled $4.25 million. Because of comparative negligence, the award was reduced to $3.825 million.

Theresa M. Guy: $4,250,000 Personal Injury: pain, suffering and mental anguish

Actual Award:

$3,825,000

Judge:

Gary L. Bergosh

Trial Length:

6
 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.