November 04, 2009
/24-7PressRelease/ --
$330 Million Verdict Sends Message in DUI Crash
Article provided by Baird Law Group
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www.bairdfirm.com
Drunk driving is still a significant problem in this country. In 2008, nearly 12,000 people were killed in crashes where one of the drivers was over the legal limit. A Florida jury recently returned a verdict which should make anybody think twice before getting behind the wheel after drinking.
Angela Stone's 13-year-old daughter Shelby was killed by a drunk driver in April 2007. Shelby died when her grandparents' minivan was broadsided by a truck driven by Christopher Marcone. Marcone ran a stop sign at an intersection in a residential neighborhood in Hernando County, Florida.
An investigation revealed that Marcone was driving about 30 mph over the speed limit and had a blood alcohol content of .207. This is more than double the level presumed to impair driving.
A six-woman jury recently awarded Stone $330 million in civil damages for wrongful death. The jurors took less than an hour to decide that Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages. This is believed to be the largest civil damages verdict in Hernando County history.
What does a Damage Award Mean?
Compensatory damages are paid to compensate the victim for loss, injury or harm. These often include the costs for medical treatment, lost income and emotional distress damages.
Punitive damages are intended to deter the defendant and others from engaging in conduct similar to the behavior which formed the basis of the lawsuit. In this case, driving while intoxicated. Punitive damages are also meant to punish malicious or reckless behavior.
As part of tort reform, many states have passed caps to set a ceiling on the amount of punitive damages a jury may award. In Florida, there is an exception to the limitations on punitive damages in cases involving an intoxicated defendant. Under Florida law, there is no cap on the amount of punitive damages a plaintiff may recover in cases involving intoxicated defendants.
It is possible that more states will place caps on punitive damages in response to multi-million dollar verdicts. However, some juries might increase compensatory damages to offset caps on punitive damages.
Stone and her attorney filed the suit partly to try to deter other motorists from drinking and driving. Stone might not receive any of the punitive damages from Marcone, who is currently serving a 13-year prison sentence for DUI manslaughter. However, Stone will collect some of the compensatory damages due to a pretrial agreement with Marcone and his insurance company.
Stone also has a wrongful death suit pending against Kia Motors Corp. and a Tampa auto dealer. Stone claims that defective restraints in the vehicle her daughter was riding in contributed to her death.
Many people are not aware of the rights they have when they lose a loved one in a DUI crash. If you, or a loved one, have been involved in a DUI auto accident, contact an experienced attorney to protect your rights.
Article provided by Baird Law Group
Visit us at
www.bairdfirm.com---
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