Wrongful Death Verdicts
$3 million – Automobile Accident/Wrongful Death
The Plaintiff was returning from a vacation on Sanibel Island with his wife and their five-year-old son, when a logging truck — overloaded by 6,000 pounds — caused a terrible accident. The logging truck hit a dairy truck, which was forced into their car. Our client tried to pull over and get out of the way, but the dairy truck was forced into his car, killing him instantly. Fortunately, the wife and child were spared. The logging truck was found to have 23 defects, 11 of which would have kept it off the highway, according to the Florida Highway Patrol.
James Nance negotiated a settlement agreement that paid in excess of $3 million.
$1.4 million – Wrongful Death/Murder
Nance Cacciatore received a $1.4 million verdict on behalf of the children of a man murdered by the defendant.
Confidential Settlement – Wrongful Death
Wrongful death lawsuit was successfully settled during mediation. The suit was filed on behalf of the two surviving sons of the Plaintiff. The Plaintiff, her husband and two young sons were driving their Nissan truck on I-295 near Jacksonville when the rear end locked up, causing the truck to spin out of control and hit a tractor trailer. The passenger door flew open and the Plaintiff was ejected and killed.
The week of the accident, the Plaintiff’s husband took the truck to the Nissan dealership in Duval County for service when he heard a whining noise in the rear end. When he picked up the truck the day before the wreck, the dealer’s mechanic, who performed the work, said that he had filled the truck with fluids and had test driven it. However, immediately after the accident, there was no fluid in the differential and the odometer indicated that the truck had not been test driven.
Nance Cacciatore alleged that the Nissan truck had both design and manufacturing defects and was not serviced properly by the dealer. Specifically, the accident was caused when differential fluid got out through the front pinion seal. The lawsuit stated that the dealer’s mechanic neither adequately repaired the truck nor warned the Plaintiff not to drive it until a new differential, which had been ordered, was installed.
Nance Cacciatore hired metallurgical experts from the University of Florida to conduct extensive tests on the truck, including the use of an electron scanning microscope, to show that the fill plug and drain plug had not been removed by the mechanic to fill the differential with fluid. A mechanical engineer, an accident reconstructionist, and an economist rounded out the expert team.
$1.7 million – Automobile Collision/Wrongful Death
Nance Cacciatore secured a $1.7 million settlement on behalf of the husband and children of a woman killed as a result of an automobile accident in Ft. Myers, Florida. The at-fault driver was operating a leased vehicle and his automobile insurance coverage had been canceled. This case was instrumental in a change in the law that later required long- term vehicle lessors to carry a combined property damage and bodily injury liability insurance coverage in the amount of $1 million or more.
$1.5 million – Police Officer killed by drunk driver, Verdict
On May 31, 1992 the decedent, a Satellite Beach police officer, had made a routine stop of a motor vehicle along Highway A1A in Satellite Beach. While working a routine traffic stop, the on-duty police officer was killed when a drunk driver rear-ended his motor vehicle that was stopped along the side of the road.
James H. Nance and Chip Barger represented the mother and father of the deceased, a 22 year-old police officer, in a wrongful death action against the drunk driver and obtained a $1.5 million verdict at trial for their clients.