Trial Magazine

After a rainfall, Anthony Burbano, 29, was on a sidewalk, waiting to cross the street. When he pressed the crosswalk signal button, the traffic light changed to red. Unable to stop her vehicle, Debra Short swerved to the right as she approached the intersection, striking Burbano and hitting a cement pole before coming to a stop with Burbano trapped underneath her vehicle.

Burbano was taken to a hospital, where he underwent a right arm amputation. Additionally, he was diagnosed as having a traumatic brain injury, vascular injuries to his left leg, and torn ligaments. His medical expenses were approximately $739,000. An events manager and mover earning approximately $37,000 annually, he is unable to work.

Burbano sued Short, alleging negligent operation of her vehicle. Short stipulated to negligence. The plaintiff also sued the Florida Department of Transportation, alleging it negligently failed to maintain the roadway and failed to warn of a dangerous condition at the intersection. The plaintiff argued that two studies had indicated that the road was hazardous because it sagged, had depressions, and did not allow for adequate drainage. Burbano claimed this caused Short’s vehicle to skid on the wet road surface and strike him.

The transportation department settled for an undisclosed amount. The jury awarded more than $12.03 million.

Citation: Burbano v. Short, No. 13-007750-CI (Fla. Cir. Ct. Pinellas Cty. Sept. 11, 2019).

Plaintiff counsel: AAJ member Wesley T. Straw and Matthew D. Emerson, both of St. Petersburg, Fla.

Plaintiff expert: Miles Moss, accident reconstruction, Miami.