Matthew S. Garnett (Miami, FL) (Trucking) obtained a Defense Verdict in a two-week jury trial in Miami-Dade County before Judge Thomas Rebull.
The Plaintiffs, Stephanie Hilzinger and Dr. Fernando Munoz, were seriously injured when a 200 pound wheel detached from a tractor-trailer on the Rickenbacker Causeway. Our client was Rite Tire of Okeechobee, the company responsible for installing the wheel that caused the accident. The Plaintiffs were represented by the Lombana Hoelle firm whose principals have been trying cases in Florida for almost 40 years. Four separate attorneys appeared and argued matters before the Court and jury over the two-week trial on behalf of the Plaintiffs.
This lawsuit also included allegations against (1) the driver of the tractor-trailer, Argelio Salazar, (2) his alleged employer and lessor of the vehicle, Manny’s Bulk Express, and (3) another corporate defendant, Synagro, who was alleged to be a motor carrier and otherwise legally responsible for the accident. These defendants, in turn, placed the blame for the wheel-off accident squarely on Rite Tire. Both corporate co-defendants were represented at trial by named partners at their respective firms, including a former president of the American Bar Association.
Rite Tire of Okeechobee, as the first-named defendant, encountered the challenge of fighting a 3-against-1 battle during the entirety of trial. The jury heard from a professional engineer, two accident reconstructionists, and a doctor in industrial engineering whom all placed blame on Rite Tire for misinstalling the wheel. The jury also heard significant hearsay testimony from a non-testifying metallurgist who also pointed blame at Rite Tire.
During trial, it was undisputed that Rite Tire installed the wheel 92 days prior to the accident, did not use an industry-standard torque wrench to apply and confirm the torque, and that Rite Tire’s owner testified at deposition that he had torqued the wheels to 2.5 times the recommended levels. Rite Tire also testified that it was not aware of what the correct torque in foot pounds was for the subject wheel. Still further, it was undisputed that there was no testimonial or physical evidence that some other party modified the wheels prior to the accident. Finally, the Court had ruled shortly prior to trial that commercial tractor trailer wheels do not come off vehicles in the absence of negligence, and that the jury was required to apportion negligence against the parties. The Plaintiffs alleged that they sustained damages in excess of the policy limits of the client’s insurance. Multiple substantial offers of settlement were presented throughout trial.
After closing, the attending client representative indicated he thought the jury members were going to stand and applaud after Matt’s closing statement. Opposing counsel, likewise, congratulated Matt on an exceptional closing, before the jury returned. After approximately 3 hours of deliberations, the jury returned a verdict as follows: Rite Tire of Okeechobee was found NOT liable (0%) by the greater weight of the evidence for the Plaintiffs’ injuries, Synagro was found 40% liable, Manny’s Bulk Express was found 30% liable, and the driver Argelio Salazar was found 30% liable. The remaining defendants will resolve the claims for damages through separate damages only trials.