MIAMI – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) Miami Partner James Fishman secured a complete defense victory and a $0.00 final financial award on behalf of a state department in a high-exposure personal injury action arising from an intersection collision. Facing an initial $200,000 Proposal for Settlement and claims involving a law enforcement officer’s traffic control actions, the defense successfully secured a Directed Verdict at the close of the Plaintiff’s case.
Overview of the Case
The litigation arose from an automobile collision at a major intersection in Miami, Florida. Following a prior traffic accident, a law enforcement office entered the intersection to clear involved vehicles and restore traffic flow. The Plaintiff claimed that the trooper’s position and actions led him to believe he was being signaled to cross the intersection. In an effort to bypass heavy traffic in the left-turn lanes, the Plaintiff executed an unusual maneuver by turning right, making a U-turn, and entering the intersection against a red light after the cleared vehicles had passed. Upon entering the intersection, the Plaintiff pulled directly into the path of an oncoming 18-wheeler proceeding on a green light, resulting in a collision that totaled the Plaintiff’s vehicle and gave rise to a personal injury claim alleging severe injuries.
Key Difference-Makers
Claims Made Against Our Client
The Plaintiff filed suit against the public entity and other co-defendants, seeking substantial damages for personal injuries sustained in the crash. The Plaintiff alleged that the law enforcement officer negligently directed traffic, creating a dangerous condition that induced the Plaintiff to proceed into the intersection against the traffic signal.
Defense Strategy
The defense executed a strategic approach that combined a visually compelling presentation on liability with strict statutory defense enforcement. Relying on a court-ordered Motion to Bifurcate liability from damages, the defense focused exclusively on proving the Plaintiff’s sole fault and establishing non-compliance with statutory conditions precedent. To demonstrate the mechanics of the accident, Mr. Fishman integrated an aerial photograph provided by a co-defendant, Google Earth imagery, and an intersection diagram into a custom, animated PowerPoint presentation. This visual recreation clearly illustrated the Plaintiff’s maneuver by turning right, completing a U-turn, and running the red light ahead of the tractor-trailer, enabling the jury to understand the precise sequence of events.
Parallel to the liability presentation, the defense maintained a strict procedural challenge under Florida’s Waiver of Sovereign Immunity statute, §768.28(7) Fla. Stat. Fishman preserved an affirmative defense alleging non-compliance and deliberately waited until the Plaintiff rested his case at trial before filing a Motion for Directed Verdict. The motion was supported by an affidavit from the record custodian establishing that the Plaintiff failed to serve process on the designated state financial authority as mandated by law. Because statutory compliance is mandatory, non-discretionary, and strictly construed, the timing of the motion prevented the Plaintiff from curing the fatal defect post-rest.
Impact on Final Outcome
The calculated approach completely dismantled the personal injury claim. The trial court granted the Motion for Directed Verdict at the close of the Plaintiff’s case, entering Final Judgment in favor of the public entity with the Plaintiff making no financial recovery. Furthermore, because the Plaintiff allowed a previous Proposal for Settlement to lapse, the client is actively pursuing the taxation of attorney’s fees and costs against the Plaintiff, with jurisdiction reserved in the Final Judgment.
Unique Aspects of the Case
The most unique aspect of the case was the strategic timing and application of §768.28(7) Fla. Stat. By pairing a dynamic, animated presentation to dismantle the Plaintiff’s liability theory with a fatal statutory defense held until the Plaintiff rested, the defense ensured the court had no discretion but to direct a verdict in favor of the public entity regardless of the underlying liability evidence.
Predicting the Future
This victory highlights QPWB’s tactical trial preparation and command of sovereign immunity mandates in government defense litigation, including high-exposure personal injury matters. It reinforces to public entities and state agencies that QPWB routinely pairs innovative trial presentation techniques with meticulous procedural defense strategies to eliminate liability exposure and safeguard public funds.
Key Actions in This Case
- Visual Reconstruction: Synthesized aerial photographs, Google Earth mapping, and intersection diagrams into an animated PowerPoint presentation to demonstrate the Plaintiff’s improper driving maneuver to the jury.
- Bifurcation and Strategic Timing: Utilized a bifurcated trial structure to focus on liability and timed the dispositive sovereign immunity motion for the close of the Plaintiff’s case, leaving the fatal statutory defect uncured.
- Statutory Enforcement: Applied strict construction of §768.28(7) Fla. Stat. alongside supporting custodian affidavits to compel a mandatory Directed Verdict from the court.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 61 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.
Case results reported by Quintairos, Prieto, Wood & Boyer, P.A.. Legal strategy led by James Fishman.