Complete Defense Verdict in Vicarious Liability Case Involving Company Car Collision.
Jessica Pizarro v. Wayne Grandison and S.E. Funeral Homes of Florida, LLC, d/b/a Orlando Care Center. Larry Burkhalter, Kate Spinelli, Diego Rosette, and Jessica Mirabal (paralegal) tried this case in Orange County Circuit Court in Orlando, Florida from February 17-21, 2025. Plaintiff alleged negligence and vicarious liability based on a September 22, 2020, rear-end collision involving a company vehicle driven by employee, Wayne Grandison, Plaintiff’s vehicle, and a school bus.
The Defendants admitted negligence for causing the accident, and that Plaintiff sustained a nasal fracture as a result of the accident, but denied that Plaintiff sustained a permanent injury as a result of this collision. In addition to her nose, Plaintiff claimed injury to her cervical spine, for which she underwent surgery in June of 2023. However, Plaintiff denied neck pain on the day of the accident, physical examination and diagnostic imaging were negative for evidence acute injury to her cervical spine, and Plaintiff did not present to a doctor complaining of neck or back pain until March of 2022; 545 days after the subject accident.
Plaintiff presented a neurosurgeon and a radiologist at trial. The night before trial, Plaintiff withdrew her claims for all economic damages, and trial proceeded on whether Plaintiff sustained a permanent injury to her nose and/or her cervical spine as a result of the subject collision. In closing, Plaintiff’s attorneys asked for $873,664 in past pain and suffering, and $6,949,600 for past and future pain and suffering.
The jury returned a complete defense verdict after deliberating for approximately 1 hour and 30 minutes, finding that Plaintiff did not sustain a permanent injury as a result of the subject accident.