Trial Magazine

Latosha James, 48, was driving to work in her sedan. While she was stopped at a red light, Catarina Souza Correa De Araujo’s SUV allegedly rear-ended her. James suffered a traumatic brain injury; herniated disks at C3-4 and C4-5; and bulging disks at C5-6, C6-7, L4-5, and L5-S1. Despite undergoing a cervical diskectomy and fusion at C4-5 and C5-6, she continues to suffer from neck pain and limited range of motion. She also suffers from headaches and radiating back pain. Her medical expenses were approximately $244,200.

James sued De Araujo, as well as her father, who owned the SUV, alleging negligence, vicarious liability, and negligent entrustment.

The defense argued that James’s injuries resulted from her preexisting conditions.

The parties settled for $1.1 million.

Citation: James v. De Araujo, No. 2022-CA-001851-O (Fla. Cir. Ct. Orange Cnty. Dec. 2023).

Plaintiff counsel: AAJ members Carlos M. Macias and Thomas Scolaro, both of Miami.