Trial Magazine

Sinead O’Frighil was driving a vehicle owned by her employer, Pernod Ricard USA, LLC. While traveling on a Miami street, she ran a red light, colliding with Maria De Posada. De Posada, 89, suffered a subdural hematoma that resulted in a midline shift and required surgery. She also suffered orthopedic injuries, including a fractured ankle, fractured ribs, and a torn right rotator cuff; herniated disks in her neck and back; and a traumatic brain injury.

She had been an outgoing, independent person but became disengaged and unable to function as she did before the incident. De Posada, whose medical expenses totaled approximately $268,000, died four and a half years later of unrelated causes.

De Posada’s estate sued Pernod Ricard USA, alleging respondeat superior liability and negligent hiring, entrustment, supervision, training, and retention, among other claims. The plaintiff asserted that O’Frighil lacked a valid driver’s license and was using her cell phone at the time of the incident.

The jury awarded $4.5 million. An appellate court later entered a per curiam affirmance of the trial court order. The plaintiff will reportedly receive an additional $5.1 million in post-judgment interest.

Citation: Watson v. Pernod Ricard USA, LLC, No. 12-22050 CA 22 (Fla. Cir. Ct. Miami-Dade Cnty. Sept. 5, 2018).

Plaintiff counsel: AAJ member John H. (Jack) Hickey and Elizabeth K. Russo, both of Miami.