Trial Magazine

Manuel Vieira, 73, was traveling on a two-lane roadway when a pickup truck and trailer operated by Dennis Payne for Seal Tight Roofing Experts crossed the centerline and drifted into Vieira’s lane. The trailer sideswiped Vieira’s vehicle.

Vieira suffered a torn left rotator cuff and neck and back injuries. He underwent chiropractic care and pain management but still has pain and a limited range of motion in the shoulder. His past medical expenses totaled more than $124,400.

Vieira sued Payne and Seal Tight Roofing, alleging that Payne had negligently failed to maintain his lane and that the company was vicariously liable for his negligence.

The jury awarded more than $4.6 million.

Citation: Vieira v. Payne, No. 2018-CA-040025 (Fla. Cir. Ct. Brevard Cty. Dec. 11, 2019).

Plaintiff counsel: AAJ member Derrick Connell and Grant Gillenwater, both of Melbourne, Fla.