Richard K. Slinkman managing partner of Slinkman, Slinkman & Wynne. Courtesy photo

Litigators with a Jupiter law firm helped secure a $13 million verdict for the estate of an Alachua County woman killed in a head-on car collision.

Richard K. Slinkman and Ryan J. Wynne of Slinkman, Slinkman & Wynne represented family members of Michelle Anderson in Alachua Circuit Court.

A jury verdict delivered Aug. 16 determined Anderson's husband, Emanuel, and her children were entitled to damages for pain and suffering, as well as compensation for loss of companionship.

The wrongful-death suit was filed against the estate of Calvin Lee Adams III on Jan. 19, 2017. Adams and Anderson both died on the morning of Nov. 14, 2016, as Adams was trying to bypass traffic on Southwest Williston Road in Alachua County, according to court pleadings. As noted by Slinkman, the two-lane road — south of Gainesville's city limits — had slow traffic on the day of the crash.

"Michelle Anderson was heading … home in Williston to drop off a permit for a home they were building," Slinkman said.

Adams, who was driving an SUV, decided to cross the road's no-passing zone in order to get ahead of the eight vehicles preceding him, the attorney said.

"When he tried to pass the cars he was going about 90 mph," Slinkman said. "When he struck Michelle head on, [Adams] killed her and killed himself."

Adams' estate was represented by Trevor G. Hawes and Matthew M. Whiddon of Cole, Scott & Kissane's Jacksonville office. Neither lawyer returned requests for comment by deadline.

Slinkman came onto the case after being contacted by a semi-retired colleague representing the Andersons. That attorney had signaled his retirement was forthcoming, prompting Slinkman and Wynne to join as plaintiffs legal counsel.

Despite the death and other circumstances that led to their introduction, Slinkman said Anderson's husband and three children were "by far some of the nicest clients" he's ever had in his career. The attorney said Anderson and her husband had been married for nearly 12 years.

"Emanuel Anderson's job was working with troubled youth, mentoring them and trying to get them back on the correct path in life," Slinkman said, adding the Andersons were "more in love than any couple I've had the pleasure of knowing in my life."

Anderson's husband was returning from a mission trip in Missouri on the day of the crash.

"They'd literally fallen asleep FaceTiming each other the night before," Slinkman said.

Adams was insured by Progressive at the time of his death. According to Slinkman, the lawsuit was prompted by the insurance company's failure to send two agreed-upon checks for $10,000 to Anderson's family in a timely fashion. The attorney said the policies on the vehicle were for Adams and his mother, as the two of them lived together.

Slinkman said it took Progressive 60 days to tender the $20,000 to Anderson's family. The attorney said the auto negligence complaint was filed before the final check was received and focused on claims of non-economic damages.

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"I think the non-economic damages were so extreme in this case because they were such a close family, [and] I didn't want to distract from those," Slinkman said.

Although Anderson was employed as an assistant with the University of Florida's fiscal department for 16 years, the lawyer opted not to seek economic damages as to not "belittle" the estate's other claims.

Slinkman said the defense admitted negligence, leaving the question of damages as the only issue that needed to be resolved at trial.

Slinkman said although the trial reinforced the bond of the "very strong, very tight and loving" family, testimony still proved excruciating for Anderson's surviving relatives.

"We had each of the children and the husband testify," he said. "We had hoped Progressive would've tried to come forward to resolve the case and not put the family through the trial. but they chose not to. We heard from family and friends of [Anderson], and it was a very emotional and very difficult case to try from an emotional point of view."

Slinkman said the plaintiffs emphasized just how loved Anderson was to the jury. This included sharing the story of how Anderson and her husband met, as well as noting that co-workers preserved her memory by placing photographs in her parking space for some time after the accident.

Slinkman said Anderson's estate asked the jury to award $11 million to each of her surviving family members. The defense countered and argued the damages should be limited to between $500,000 and $750,000 for each person.

"Emanuel had remarried and has an infant child now, so that was something that was a little difficult to get the jury to understand," Slinkman said, referencing arguments deployed by Adams' estate. "I think the defense's perspective was he had moved on, which he hadn't."

The attorney said he and Wynne had to bring attention to the struggles experienced by Anderson's husband after her death, even in his new marriage.

"[Emanuel] recognizes it's not fair to the new wife, and he can't let go of what he and Michelle had," Slinkman said. The attorney noted "the cruelest twist of fate" that Anderson's husband buried her on Nov. 26, 2016, the anniversary of the 2004 date when they made their relationship official and just one day after Emanuel Anderson's birthday.

"This is a very, very sad case," Slinkman said.

The jury's $13 million verdict allotted $2.5 million to Anderson's husband and $3.5 million to each of her children.

Slinkman attributed the size of the jury's award to the affecting nature of the family's testimony. The attorney said remarks made by Anderson's daughter, Aaliyah Decoursey ,hit him the hardest.

"She said, 'If I could have just five more minutes with my mom, I'd do anything … because I never got to say goodbye,' " Slinkman said. "And I think that just kind of says it all. The fact her mother was taken so suddenly, and in such a violent fashion that they couldn't even have an open casket, is just awful."

Slinkman said the very family has been "very, very thankful" in the wake of the trial and verdict.

"Emanuel came up to us afterward and said, 'If I don't get a dime after this it doesn't matter. … You've really helped us heal,' " Slinkman said. "It was awesome we could give them that. Aaliyah, she's a senior in high school this year. She came up to me, gave me one of her senior photos and said, 'You're part of the family now.' And that just means everything."

Case: Emanuel Anderson, as Personal Representative of the Estate of Michelle Anderson v. Estate of Calvin Adams III

Case no.: 01-2017-CA-000221

Description: Wrongful death automobile accident

Filing date: Jan. 19, 2017

Verdict date: Aug. 16, 2019

Judge: Alachua Circuit Judge Monica J. Brasington

Plaintiffs attorneys: Richard K. Slinkman and Ryan J. Wynne, of Slinkman, Slinkman & Wynne, Jupiter

Defense attorneys: Trevor G. Hawes and Matthew M. Whiddon of Cole, Scott & Kissane, Jacksonville

Verdict amount: $13 million

 

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