Rosales vs. National Car Rental

Lipcon, Margulies, Alsina & Winkleman, P.A

Our Verdicts

Edmundo Rosales vs. National Car Rental

Dade County Case # 92-25607
Judge Salmon

AUTOMOBILE ACCIDENT: Plaintiff 49-year-old Honduran with 6th grade education was a passenger in defendant’s vehicle when the driver lost control and the vehicle turned over. Defendant claimed the joint enterprise defense based on the driver and five passengers sharing the cost of the car rental and gas. The trial court struck the defense. Plaintiff was a plumber working on a Sea Escape vessel earning $1300 monthly at the time of the accident. He claimed that he could not return to work on a vessel and could work as a shoe repairman in Honduras making $5 daily. Dr. GARY LUSTGARTEN testified that plaintiff, who was pain free after surgery had a 13 to 14% disability based on a operated herniated disc and healed vertebra fracture. He testified that plaintiff could not return to work on a passenger ship but could work on land. Dr. STEPHEN WENDER testified for the defendant that plaintiff had an 11% disability but could return to work on a vessel since plaintiff was pain free after the surgery. Unpaid medical bills totaled $18,280.

The jury returned an itemized verdict as follows: Medical expenses $18,280.94. Past lost earnings $15,600. Future Medical $16,200 for 27 years. Future lost earnings for 16 years $63,850. Past and future pain and suffering $85,750.

Verdict for Plaintiff: $199,680.94