Jury Awards Postal Worker $5.6M In Garbage Truck Accident
A Palm Beach County jury awarded a postal worker $5.6 million for a truck accident caused by a city garbage truck. According to the lawsuit, she was struck by a city garbage truck while removing mail from her van and thrown 15 feet through the air. An attorney for the plaintiff said that she became too disabled to work as a result of the accident.
Central to the case was a video from a surveillance camera that showed the plaintiff being struck by the garbage truck and being thrown through the air. The defense argued that the surveillance video should not be shown to the jury because it was disturbing, violent, and graphic. However, attorneys for the plaintiff argued that the video afforded the jury the best evidence to try the facts of the case. Ultimately, the jury was allowed to see the video, and they rendered a $5.6 million verdict in favor of the plaintiff.
Elements of negligence
The plaintiff was leaning into her vehicle when it was struck by a city garbage truck. At the time of the accident, the mail truck was stationary and parked on the side of the road. The city truck simply doesn’t appear to see the mail truck at all and plows directly into it. There had to be no doubt in the jury’s mind that the defendant committed negligence in this accident. The jury only deliberated for about an hour before returning a verdict in favor of the postal worker.
Suing a municipality in Florida
Sovereign immunity is a legal principle that prevents the government from being sued without its consent. In Florida, our constitution provides for a limited waiver of sovereign immunity, allowing the government to be sued in certain cases. In this case, the government was allowed to be sued. However, sovereign immunity caps damages in a personal injury lawsuit at $200,000 per person and $300,000 per incident. In order to recover more money from the government, the legislature must pass a claims bill that makes the funds available to the plaintiff.
Damages and injuries
According to the plaintiff’s attorney, the plaintiff was severely injured in the accident and it’s not difficult to imagine how. She was thrown 15 feet through the air when the garbage truck struck her mail carrier vehicle. According to her attorneys, she suffered severe and permanent injuries as a result of the crash and is now too disabled to perform her work duties. Hence, why the jury verdict was so high. The plaintiff is being compensated for lost wages she will no longer have access to now that she can no longer work.
Talk to a Jacksonville, FL Truck Accident Lawyer Today
If you’ve been injured in a crash with a commercial vehicle, the Jacksonville personal injury attorneys at Gillette Law can help you recover damages related to your injuries. Call our office today to schedule a consultation, and we can begin investigating your claims right away.
Source:
wptv.com/region-c-palm-beach-county/lake-worth-beach/jury-awards-postal-worker-5-6-million-in-accident-involving-city-garbage-truck
