U.S. District Court, Southern District

A truck owner was found liable for damages after a tire detached from a tractor-trailer and hit a minivan in Vero Beach.

In June 2014, Kelly McGilvery, 57, was driving the minivan on Interstate 95 when the tractor-trailer wheel rolled in front of him. The minivan struck the tire, which weighed about 250 pounds. McGilvery was pinned and needed to be extracted from his vehicle. He was diagnosed with herniations and bulges at several spinal discs and impingement of the tendons of his right shoulder. He had a discectomy, cervical fusion and arthroscopy to his shoulder. McGilvery alleged the rig was negligently maintained.

The defense argued the minivan driver suffered from pre-existing conditions and had only minor injuries. The jury awarded McGilvery $484,021.

Case: McGilvery v. Williams

Case No.: 2:16-cv-14363-JEM

Plaintiffs attorneys: Kristin E. Bianculli and Todd R. McPharlin, Kelley/Uustal, Fort Lauderdale

Defense attorney: David M. Goldstein, Marcos Rothman Valdes & Goldstein, Miami

U.S. District Court, Southern District

A truck owner was found liable for damages after a tire detached from a tractor-trailer and hit a minivan in Vero Beach.

In June 2014, Kelly McGilvery, 57, was driving the minivan on Interstate 95 when the tractor-trailer wheel rolled in front of him. The minivan struck the tire, which weighed about 250 pounds. McGilvery was pinned and needed to be extracted from his vehicle. He was diagnosed with herniations and bulges at several spinal discs and impingement of the tendons of his right shoulder. He had a discectomy, cervical fusion and arthroscopy to his shoulder. McGilvery alleged the rig was negligently maintained.

The defense argued the minivan driver suffered from pre-existing conditions and had only minor injuries. The jury awarded McGilvery $484,021.

Case: McGilvery v. Williams

Case No.: 2:16-cv-14363-JEM

Plaintiffs attorneys: Kristin E. Bianculli and Todd R. McPharlin, Kelley/Uustal, Fort Lauderdale

Defense attorney: David M. Goldstein, Marcos Rothman Valdes & Goldstein, Miami