Florida Verdicts

Plaintiff(s):

Devin Simmons (Female), 

Marie Simmons (Female), 

Estate of Carl Simmons (Male, 29 Years)

Plaintiff Attorney(s):

Thomas P. Schmitt;
Goldstein, Schmitt, Cambron, PL;
Stuart,
FL,
for
Devin Simmons, Marie Simmons, Estate of Carl Simmons ■ Anthony Bennett;
Goldstein, Schmitt, Cambron, PL;
Stuart,
FL,
for
Devin Simmons, Marie Simmons, Estate of Carl Simmons

Plaintiff Expert(s):

Phil Heller;
PSY.D;
Psychology/Counseling;
Boca Raton,
FL called by
Thomas P. Schmitt, Anthony Bennett ■ David Stopper;

Trucking Industry;
Southlake,
TX called by
Thomas P. Schmitt, Anthony Bennett ■ Donald Fournier;
Jr.;
Accident Investigation;
Lake Mary,
FL called by
Thomas P. Schmitt, Anthony Bennett ■ Frederick Raffa;
Ph.D;
Economics;
North Palm Beach,
FL called by
Thomas P. Schmitt, Anthony Bennett

Defendant(s):

Roger Wirick, 

Gerald W. Goller, 

Landstar Ranger Inc., 

GW Goller Transportation Group Inc.

Defense Attorney(s):

Kurt M. Spengler;
Wicker, Smith, O’Hara, McCoy, Graham & Ford, P.A.;
Orlando,
FL,
for
Roger Wirick, Gerald W. Goller, Landstar Ranger Inc., GW Goller Transportation Group Inc. ■ Chad E. Leeper;
Wicker, Smith, O’Hara, McCoy, Graham & Ford, P.A.;
Orlando,
FL,
for
Roger Wirick, Gerald W. Goller, Landstar Ranger Inc., GW Goller Transportation Group Inc. ■ Melissa T. Woodward;
Wicker, Smith, O’Hara, McCoy, Graham & Ford, P.A.;
Orlando,
FL,
for
Roger Wirick, Gerald W. Goller, Landstar Ranger Inc., GW Goller Transportation Group Inc.

Defendant Expert(s):

Kevin Breen;
Human Factors — See also TECHNICAL-Engineering-Ergonomics;
Fort Myers,
FL called by
Kurt M. Spengler, Chad E. Leeper, Melissa T. Woodward ■ Peter Philbrick;
Safety Training;
Scottsdale,
AZ called by
Kurt M. Spengler, Chad E. Leeper, Melissa T. Woodward

Insurer(s):

Self-insured for Landstar Ranger Inc.

On June 2, 2011, plaintiffs’ decedent Carl Simmons, 29, was riding his 2004 Yamaha Mitsubishi motorcycle westbound on Sand Lake Road in Orlando. He was in the left through lane. Roger Wirick was driving a tractor-trailer eastbound on Sand Lake. At 10:40 p.m., Wirick attempted to make a left turn onto northbound Kingspointe Parkway. Simmons collided with the rear of Wirick’s trailer and part of a traffic pole, ending up underneath the truck’s rear axle. Simmons was taken to Orlando Regional Medical Center where he was pronounced dead. Marie Simmons, as personal representative of the estate of her husband, along with her daughter Devin Simmons sued Wirick, claiming he was negligent in the operation of his vehicle. They also sued the owner of Wirick’s vehicle, GW Goller Transportation Group Inc., and its president, Gerald Goller, claiming they were vicariously liable for the driver’s negligence. They also sued Wirick’s employer, Landstar Ranger Inc., which leased the tractor-trailer from the owners, alleging that Landstar Ranger negligently supervised Wirick. GW Goller Transportation Group and Goller were dismissed from the case prior to trial. The case proceeded to trial with Wirick and Landstar as defendants. The plaintiffs’ accident reconstruction expert testified that Wirick violated Simmons’ right of way, causing him to collide into the rear of the trailer. He also testified that Simmons was driving between 55 and 61 mph at the time of impact. The speed limit was 55 mph. The plaintiffs’ counsel alleged that Wirick was driving in excess of the Federal Motor Carrier Safety Administration (FMCSA) hours of service limits, which are aimed at preventing road accidents due to driver fatigue. They also alleged that Landstar Ranger failed to maintain adequate record keeping of Wirick’s driving time by utilizing paper logs instead of electronic logs. They alleged that Wirick falsified the number of hours he had been driving prior to the accident. They alleged that data downloaded from the truck’s black box revealed that Wirick had been driving for a total of 11 hours and 10 minutes, with a break consisting of only 9.5 consecutive hours. The estate’s trucking industry expert noted that FMCSA regulations only allow an 11-hour daily driving limit after taking a break for 10 consecutive hours. He also noted that Wirick only had eight hours of sleep in the past 30 hours. He testified that Wirick should not have been on the road the day of the accident because he failed to take the federally mandated 10-hour consecutive break. He also testified that Landstar allowed its truckers to record their driving hours using paper logging instead of electronic logs, which is the industry standard. He testified that paper logging is easily falsified and encourages the practice because it allows truckers to drive longer hours and earn more money. He testified the practice also allowed Landstar to earn more money due to the longer working hours of its truckers. Defense counsel for Landstar argued that Simmons was comparatively negligent because he was speeding. The defense’s human factors expert testified that Simmons was traveling about 75 mph just before Wirick drove his truck in front of him. The defense’s trucking safety expert testified that Landstar had proper safety management measures in place regarding the logging of its truckers’ driving hours. He testified that Landstar utilized paper logs and also conducted log audits by a third party, which was considered sufficient.

Simmons’ wife and minor child sought to recover damages for loss of society, support and services, and their own pain and suffering as a result of his death. The estate also sought to recover funeral expenses. Plaintiffs’ counsel suggested the jury award $15 million. Defense counsel did not actively argue the issue of damages and focused on liability.

The jury found that Wirick was 93 percent liable for the accident and Simmons was 7 percent liable. It also found that there was negligence on the part of Landstar Ranger, which was a cause of death of Simmons. The jury determined that Marie Simmons’ damages totaled $10,114,947 and Devin Simmons’ damages totaled $5,091,166. It also determined that the estate’s funeral expenses were $$13,772. Thus, the total award was $15,206,113. Because of comparative negligence, the award was reduced to $14,141,685.

Devin Simmons: $91,166 Personal Injury: loss of support and services; $5,000,000 Personal Injury: pain and suffering; Estate of Carl Simmons: $13,772 Personal Injury: funeral expenses; Marie Simmons: $5,114,947 Personal Injury: loss of support and services; $5,000,000 Personal Injury: pain and suffering

Actual Award:

$14,141,685

Judge:

John Marshall Kest

Trial Length:

8
 days

Trial Deliberations:

8
 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.