Case: Yurquenys Fonseca vs. J&E Transportation, Inc., et al.

Description: Trucking Accident

Settlement date: November 5, 2015

Settlement amount: $800,000.00

Plaintiff attorneys: David Sampedro and Panter Panter & Sampedro, P.A., 6950 N. Kendall Drive, Miami, FL 33156, Telephone (305) 662-6178, e-mail: dsampedro@panterlaw.com.

Details: On August 4, 2014, Yurquenys Fonseca was seriously injured in a motor vehicle crash caused by Juan Garcia, an employee of J&E Transportation Enterprises, a trucking company. Mrs. Fonseca was following her husband and young daughter who were driving ahead of her as they were moving to Jacksonville, Florida for employment opportunities. As they approached mile marker 143, Mrs. Fonseca was suddenly and violently rear ended by an 18 wheel tractor trailer coming from behind her.

The collision caused Mrs. Fonseca’s vehicle to careen across the inside lanes of the northbound traffic and go across the median. As the vehicle continued to veer out of control in the southbound lanes of traffic, it was hit by another vehicle traveling southbound on I-95. Mrs. Fonseca’s vehicle came to a final rest facing north on the grassy shoulder for the opposite southbound lanes of I-95.

The driver of the truck claimed that Mrs. Fonseca was on the shoulder of the road when she suddenly and unexpectedly darted out in front of his vehicle. He also claimed that she did not have her headlights were on as required because the accident happened passed sunset and it was raining.

Mrs. Fonseca was treated at the scene by Indian River County Fire Rescue and transported to Lawnwood Regional Medical Center where she was diagnosed with a comminuted displacement femoral shaft fracture. An open reduction internal fixation of the femoral shaft was performed with an intramedullary nail and rod.

Mrs. Fonseca continued to experience a decreased sensation to her right leg. Following the accident she experienced post traumatic headaches as well as vertigo and an unsteady gait.

After extensive deposition testimony, attacking the credibility and the truck driver’s version of how this accident happened, the case was resolved. After initially being denied, the various cases were resolved for the aggregate policy limits of $1 million dollars.

Outcome: The case was mediated where a combined settlement of $1 million dollars was reached.

Plaintiff’s Expert Witnesses:

  • Miles Moss
  • Accident Reconstruction Expert
  • Dr. Edward Lazzarin
  • Orthopedic Surgeon
  • Dr. Nicholas Suite
  • Neurologist
  • Dr. Humberto Hernandez
  • Internal Medicine

Defendant’s Expert Witness:

  • Charles Proctor
  • Accident Reconstruction Expert