Jury Awards $20M for Bicyclist Killed by Garbage Truck
The award was reduced from $25 million when the jury assigned partial liability to the victim.
December 10, 2018 at 11:16 AM
2 minute read
MOTOR VEHICLE
ALACHUA CIRCUIT COURT
A jury awarded $25 million to the parents of a University of Florida student who died after she was hit by a garbage truck while on her bicycle north of campus.
The estate argued Abigail Dougherty, 20, was trying to get from the bike lane to the crosswalk when she was struck by the truck and the driver failed to yield, check his mirrors, use his turn signal or slow down as he executed a turn.
The defense claimed Dougherty made a sudden turn that put her bicycle in the path of the truck and tests showed that Dougherty had both alcohol and cocaine in her system at the time of the crash six days before her 21st birthday. The jury found the truck company 80 percent liable and Dougherty 20 percent liable, reducing the estate's recovery to $20 million.
Case: Estate of Dougherty v. WCA of Florida
Case No.: 01 2017 CA 001288
Plaintiffs attorneys: W. Cort Frohlich, Brian M. Beason and Christopher E. Frohlich, Frohlich, Gordon & Beason, Port Charlotte, and C. Richard Newsome, Newsome Melton, Orlando
Defense attorneys: Todd R. Ehrenreich, Noel Johnson and David Luck, Lewis Brisbois Bisgaard & Smith, Coral Gables
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