Broward County Jury Trial
Robert, Paul & Elizabeth vs The City of Hollywood, Florida vs Hess Corporation
(Case No.: 06-19856 CACE 21 Assigned Judge: Cheryl Aleman Trial Judge: Leroy Moe)

Defendants’ Attorney:  MICHAEL P. RUDD and JAIME E. CAMPOS

AUTOMOBILE ACCIDENT:  On May 11, 2006, near the intersection of Johnson Street and 58th Avenue in Hollywood, Florida, the Plaintiff, Paul Robert, was a complete stop when he was rear-ended by a pickup truck driven by City of Hollywood employee, Richard Wood.  The Plaintiff originally filed suit against the City of Hollywood.  At the deposition of Mr. Wood, he claimed that in the moments leading up to the accident he was startled and distracted by yard debris being blown into and onto his truck by a landscaper working at the Hess gas station in close proximity to the accident location.  In addition, he later claimed that he was hit by a piece of the debris.  Thereafter, the Plaintiffs, Paul Robert and Elizabeth Robert, filed suit against Hess Corporation (the owner of the Hess gas station), alleging that the landscaper’s negligence was imputable to Hess and that said negligence was a legal cause of loss, injury and damage to the Plaintiffs.  The City of Hollywood also filed its own Third Party Complaint against Hess under similar theories.  The Plaintiffs and the City of Hollywood claimed that blowing yard debris was in violation of a local City of Hollywood ordinance and that Hess knew or should have known about the negligent conduct of the landscaper.  The Defendant, Hess Corporation, raised the defense that the landscaper was an employee of an independent contractor, Holmes Lawn & Landscaping, and that Hess had no actual or constructive knowledge of its landscapers blowing debris into the roadway prior to the date of loss.  Hess Corporation named Holmes Lawn & Landscaping as a Fabre defendant.  In addition, Hess argued that the accident was caused solely by Mr. Wood’s failure to maintain awareness of the road ahead as supported by testimony that other vehicles ahead of Mr. Wood’s truck, including that of the Plaintiff, Mr. Robert, were able to perceive the landscaper and come to a safe stop.  

At closing, counsel for the Plaintiffs asked the jury to award $1.4 million in economic damages and another $1.5 to $6 million in pain and suffering damages, exclusive of the Co-Plaintiff, Elizabeth Robert’s consortium claim (I do not have the exact figures in front of me).  The Plaintiff argued that Hess Corporation should be held at least 40% at fault for the accident.  The City of Hollywood argued that Hess should be 80% at fault.
  
The Jury returned a verdict for approximately $1.4 million, assigning 90% of liability to the City of Hollywood; 10% to Fabre Defendant, Holmes Lawn & Landscaping; and 0% to Hess Corporation.  The City of Hollywood has filed its Motion of New Trial and the Plaintiff has filed a Motion for New Trial solely on the issue of Hess Corporation’s liability, which are both pending to be heard by the Court.  Prior to Trial, the Defendant, Hess Corporation filed a Proposal for Settlement directed to the Plaintiff, Paul Robert, for $7,400 and a PFS to Elizabeth Robert for $100.  Said OJs were rejected.  The Defendant, Hess Corporation, has had respective Judgments entered in its favor on the claims of the Plaintiffs and the Third-Party Plaintiff/Cross Claim Plaintiff, City of Hollywood.  Further, Hess has filed motions seeking fees and costs taxable against the Plaintiffs and costs taxable against the City of Hollywood, which are pending before the Court.