Estate of Ortiz vs. Performance Food Group, Inc., et al.. Case no. 2022-003475-CA-01; Judge Migna Sanchez-Llorens, 01-17-24.Attorney for plaintiff: Mustafa H. Dandashly and Douglas F Eaton of Goldberg & Rosen, P.A. in Miami, FL. Attorney for defendant: Ira J.Gonzalez of McCarter & English, LLP in Coral Gables, FL.

In this motor vehicle negligence case, the plaintiff asserted that the defendant driver of a commercial truck owned by the co-defendant company struck the plaintiff's decedent on a bicycle with such force that it caused fatal injury. The defendant denied negligence and the plaintiff's version of events. On February 15, 2022, the defendant driver was operating a box truck in the course and scope of his work for the defendant food transportation company. The defendant's vehicle was at the intersection of Dade Boulevard and Purdy Avenue in Miami Beach. The plaintiff's decedent, a 61-year-old man, was riding his bicycle on Dade Boulevard, approaching the intersection. The plaintiff contended that the defendant negligently, in violation of applicable statutes, overtook the decedent on his bicycle and made a right turn in front of the plaintiff at the intersection, causing the truck to collide with the bicycle and run over him twice. The plaintiff maintained that, despite being visible in at least 2 mirrors of the box truck, the defendant driver never saw the clearly visible decedent and proceeded to strike him, killing him almost instantly. At trial, the plaintiff presented the testimony of an accident reconstruction expert who opined that the truck was in violation of traffic laws and should have yielded to the bicycle. The plaintiff contended that, as a result of the defendants negligence, the decedent suffered severe injuries, and ultimately died. The decedents 83-year-old mother claimed future loss of support and services; loss of companionship and protection; mental pain and suffering; and all damages allowable under Florida Law and Floridas Wrongful Death Act. The plaintiff estate of the decedent sought loss of net accumulations of the Estate; medical, funeral and burial expenses incurred as a result of decedents injuries and subsequent death that have become a charge of the Estate and that were paid on behalf of the decedent. The defendant denied that the decedent was ever in front of the truck and thus the truck was never in a position to overtake or pass the decedent. The defendant asserted that the decedent was traveling in the roadway parallel with the truck having approached the defendants vehicle from the rear. The defendants maintained that the plaintiff's decedent was nowhere to be seen in any video of the incident until the last seconds prior to the accident. Further, the defendant driver of the truck was traveling at a slower speed than...