Trial Magazine

Kalil McCoy, 20, was a high school graduate who worked and was planning to attend college. One night, she was riding in the passenger seat of an SUV driven by Frederick Wade when the two started arguing over McCoy’s desire to roll down the window. Wade then pulled out a loaded gun and fatally shot McCoy. Three other friends—Jonathan Brooks, Kennard Mahone, and Alfred Mears—were in the back seat at the time but did not call for help after the shooting. Brooks then assisted Wade in taking McCoy’s body to a wooded area near a dump site.

The four then attended a vigil for McCoy, telling her family that they hoped the person who hurt her would be caught. McCoy is survived by her mother and twin brother.

McCoy’s mother, individually and on behalf of her estate, sued Wade, Brooks, and Mahone, alleging intentional infliction of emotional distress and wrongful death. Suit also named Wade’s aunt, who owned the SUV, and the plaintiff subsequently settled with the aunt’s insurer. Mears was dropped from the case after counsel was unable to serve him.

During closing arguments, plaintiff counsel told the jury that its damages award would determine the value of McCoy’s life, which was wrongfully cut short. Counsel also told the jury that its verdict would deter future crime.

The jury awarded approximately $495 million. The award included $150 million in emotional distress damages against Wade, $75 million in emotional distress damages against Mahone, $60 million in emotional distress damages against Brooks, $100 million in punitive damages against Wade, and $50 million in punitive damages each against Brooks and Mahone.

Citation: Roebuck v. Wade, No. 2013-CA-006244 (Fla. Cir. Ct. Duval Cnty. Jan. 15, 2019).

Plaintiff counsel: AAJ member John M. Phillips and Kirby Johnson, both of Jacksonville, Fla.