Ramirez v. St. Johns Shipping Co., Inc. & Hernandez v. King Arturo’s Corp. & Miami Jet Tours, Inc. (S.D. Fla.)
Hamilton, Miller & Birthisel trial attorneys Jerry Hamilton and Matt O’Brien recently won a complete defense verdict in favor of their clients, stevedoring company St. Johns Shipping Co., Inc., and its employee, Diego Hernandez, following a two-week jury trial in federal court. In addition to the complete defense verdict, the jury also awarded a $1.4 million verdict to St. Johns and Hernandez on their claims against Ramirez/King Arturo’s Corp. and Miami Jet Tours, Inc. The trial team included attorney Annalisa Gutierrez and paralegal Jahayra Chavarria.
The case arose from a serious collision involving a 66-foot metal beam, transported on a St. Johns tractor-trailer driven by its employee Hernandez, and a tour bus carrying 26 passengers on a sightseeing tour, driven by Ramirez / King Arturo’s Corp. As Hernandez made a left hand turn at an intersection, the beam collided with Ramirez’s bus traveling in the adjacent lane, tearing through the fiberglass exterior of the bus and seriously injuring several passengers. Plaintiff Ramirez claimed that St. Johns and Hernandez negligently operated its tractor-trailer, causing the 66-foot beam to swing out 5 feet into the adjacent lane where Ramirez’s tour bus was traveling, without any warning to Ramirez. Ramirez denied any responsibility for the accident, claiming that St. Johns negligently caused the accident by failing to use appropriate safety measures, including use of flags, signage, two escort vehicles, radios, additional lights, stop paddles, and other warnings. Ramirez sought to recover damages for a one-level cervical discectomy and fusion allegedly caused by the accident.
In defending the case, the trial team presented compelling physical evidence, testimony, and accident reconstruction simulation to prove that Ramirez negligently drove the bus into the beam, and was the sole cause of the accident. St. Johns highlighted its appropriate safety measures, using an escort vehicle with a flashing amber rooftop light and hazard lights to warn Ramirez to stay clear of the beam. St. Johns’ witnesses testified that shortly before the collision, Ramirez drove his tour bus erratically and avoided blocking maneuvers from the escort. St. Johns’ employees also witnessed that the beam never crossed over into the adjacent lane and that Ramirez drove the tour bus into the beam. HM&B corroborated the witness testimony that Ramirez solely caused the accident with an extensive accident reconstruction simulation that scientifically established that the 66-foot beam did not cross over into Ramirez’s lane. Moreover, Jerry Hamilton impeached Ramirez with his poor driving record, lack of insurance, failure to comply with numerous state and federal regulations applicable to tour bus operators, and other inconsistent statements that severely damaged the Plaintiff’s credibility. In fact, under intense cross-examination from Jerry Hamilton, Ramirez’s medical expert conceded that he could not attribute the cause of Ramirez’s injuries to the accident.
While defending the Ramirez claim, HM&B cross-claimed against Ramirez and King Arturo’s Corp. for causing the accident, and against the company that hired Ramirez, Miami Jet Tours, Inc. The cross-claim against Miami Jet for negligent selection and retention allowed admission into evidence of Ramirez’s poor driving record and failure to comply with numerous federal and state regulations. Miami Jet admitted doing nothing other than verbally asking if Ramirez had a license and insurance prior to retaining him to operate the tour. The cross-claims thereby bolstered not only St. Johns’ defense by highlighting Ramirez’s lack of fitness, but also allowed for potential recovery of all settlement funds paid out to passengers.
In its verdict, the jury found no liability whatsoever on the part of St. Johns or Hernandez for causing the accident, placing 90% of the fault on Ramirez/King Arturo’s Corp, and 10% of fault on Miami Jet Tours. The Court thus entered a complete defense verdict in favor of St. Johns and Hernandez, and a $1.4 million verdict in favor of St. Johns and Hernandez against Ramirez/King Arturo’s Corp., and Miami Jet. Additionally, the verdict will now allow St. Johns to recover its reasonable attorneys’ fees under Florida’s offer of judgment statute, in addition to taxable costs. The result was a complete victory for St. Johns and Hernandez, and vindicated them after years of litigation.