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Verdicts & Settlements: Motor Vehicle Liability

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Failure to maintain control of vehicle

March 14, 2019

Johnson Dorvil, 28, was driving on a highway when Pedro Castellon, operating a truck for USA Transport, Inc., changed lanes suddenly and struck Dorvil’s left rear bumper. Dorvil lost control of his vehicle, swerved into another lane, and collided with a third vehicle. Dorvil’s vehicle then swerved onto the shoulder, where it collided with a barrier wall.

Dorvil suffered a fractured right femur, necessitating surgery. An independent medical exam revealed that his femur had failed to heal properly, and Dorvil expects to undergo open reduction internal fixation surgery with plating and bone grafting. A security officer earning $28,000 annually, he missed four months of work. His medical expenses totaled more than $190,400.

Dorvil claimed that Castellon and USA Transport were liable for Castellon’s failure to maintain control of his vehicle while making the lane change.

The parties reached a $1 million presuit settlement.

Citation: Dorvil v. USA Transport, Inc., settled before filing, Jan. 7, 2019.

Claimant counsel: AAJ member Robert J. Fiore, Miami.