Trial Magazine

Matthew Martin, 19, was riding in the back seat of a Mini Cooper driven by his friend, Raymond Consul. As they drove on a winding roadway, Consul failed to properly negotiate a curve. He lost control of the vehicle, which traveled off the roadway and hit a concrete structure. Martin suffered a severe traumatic brain injury and fell into a vegetative state. Additionally, he suffered a spinal cord injury that caused paralysis. Martin had worked as an automotive detailer before the incident.

Martin, through a guardian, sued Consul, alleging he was negligent in driving 60 mph in a 30 mph zone and in failing to maintain control of the vehicle. The plaintiff claimed lost wages totaling more than $138,200 and past medical expenses of $530,400. The defense argued that Martin’s injuries resulted from his failure to wear a seat belt.

The jury awarded approximately $18.7 million, finding the plaintiff 25 percent liable. With added medical expenses and reduction for the plaintiff’s fault, the award totaled more than $14.06 million.

Citation: Chmielewski v. Consul, No. 2013 CA 008764 NC (Fla. Cir. Ct. Sarasota Cnty. Sept. 1, 2017).

Plaintiff counsel: Steven Wittmer and AAJ member Gregory Linehan, both of Sarasota, Fla.