Brian LaBovick (left) and Peter Hunt (right) of LaBovick Law Group in Palm Beach Gardens. Courtesy photo. Brian LaBovick (left) and Peter Hunt (right) of LaBovick Law Group in Palm Beach Gardens. Courtesy photo.

Brian LaBovick and Peter Hunt of LaBovick Law Group in Palm Beach Gardens have landed an $8.2 million jury verdict for a man hit by an SUV while crossing the road.

But it was a long road in a case in which collection could prove difficult, and a 2017 liability verdict will slash the seven-figure award.

Their client Charles Jacobus, 55, was heading to the bus stop after a shift at Walmart in January 2014, but he never made it. He was ran over by a 2000 Lincoln Navigator while crossing on or near the intersection of 45th Street and Military Trail in West Palm Beach.

At the wheel was 18-year-old Shayla Randle, who had only had her license for about 24 hours, according to LaBovick. He said his client's injuries were extensive.

"Pretty much everything in his body was broken, from his heel to the top of his head," LaBovick said.

Jacobus suffered a brain bleed in two different places, broke his collar bone, shoulder, both arms, wrists, four ribs, both shin bones, one calf bone and fractured his lower spine. Bleeding inside his chest cavities caused his lungs to fill with blood, his kidney was cut and damage to his peroneal nerve means he can't lift his right foot, according to pleadings. He is also now legally blind, with 20/800 vision, thanks to a damaged optic nerve and sixth cranial nerve, which controls outward gaze.

"Between the pain, between the weakness, between the fact that his legs were messed up, between the fact that his back was fractured and that caused him to have herniated discs in his lower back which have not been operated on, he's in a lot of pain and a lot of weakness, and he's basically bound to a wheelchair now," LaBovick said.

'Next thing he remembers is flying'

But it wasn't a straightforward case for the plaintiff's team, as evidence from a traffic reconstruction expert suggested the defendant wasn't speeding, and Jacobus couldn't remember what had happened in the moments before the crash.

"He only remembers getting to Military Trail, then the next thing he remembers is flying," LaBovick said.

Randle didn't face any criminal charges and retained her driver's license.

The negligence suit pointed the finger at Randle and her mother Lantonia Davis, who owned the car. It argued Randle should have noticed the plaintiff crossing the street and avoided impact but didn't because of inexperience and possibly a distraction from her passenger in the backseat.

But Randle claimed Jacobus had ran out in front of her and that it had been difficult to see him in a dark Walmart apron at dusk.

Jurors awarded $2.6 million in past and future medical expenses, almost $5.5. million for pain and suffering and about $243,000 in economic damages.

But the verdict stems from the second trial in the case, following a liability verdict in 2017 where jurors found the plaintiff was 90% at fault for his injuries. That would reduce the award to about $828,152.

Defense attorneys Seth R. Goldberg and Lauren McEndree of Conroy Simberg in Hollywood declined to comment on the case.

To complicate matters, the defendant only had insurance for property damage and personal protection—the bare minimum in Florida. That means collection could be a problem, according to LaBovick and Hunt, who plan to seek a settlement from the defendant's insurance company.

'He was trapped'

Jacobus' testimony was particularly impactful, in LaBovick's view, as he appeared before the jury in a wheelchair and attempted to explain how damage to his frontal lobe has affected his ability to turn thoughts into speech.

"He's bright, he can formulate an idea, but then he can't say it," LaBovick said.

At one point, Jacobus tried to explain what his day-to-day life has been like since the accident, and how his wife, whom he called "mommy," was taking care of him.

"When asked, 'Can you explain what you mean by that?' the difficulty and frustration and the way in which that came out … he could not adequately express what was going through his mind with that," LaBovick said. "He was trapped, and you could see the pain on his face in trying to get that testimony out to the jury."

Jacobus and his wife have two daughters and met on a blind date, according to LaBovick, who said she recalled the "mountain man" she met in Alaska 33 years ago.

"He was 6-foot-2, he was young, he had like a 'Duck Dynasty' beard that was dark, a full head of hair and he had this big leather jacket on with a fringe on it," LaBovick said.

Jacobus used to hunt, fish, keep bees and always seemed to be working on a project, including making his own beef jerky, jelly and canned tomatoes.

"Their whole life has crashed around them," LaBovick said.

For LaBovick, this case epitomized his firm's theme of "warriors for justice," as they didn't turn it down even though odds are against them.

"This was a unique thing we did for these people, because any money that we get is an impossible amount of money," LaBovick said. "There was no money for them to get, there was no insurance. So unless you can create that situation and you do that perfectly, then you're going to come up with a zero."

Read the jury verdict:

 

Case: Charles Jacobus v. Shayla Randle and Lantonia Davis

Case No.: 2014CA014918

Description: Auto negligence

Filing date: Dec. 15, 2014

Verdict date: Sept. 24, 2019

Judge: Palm Beach Circuit Judge Lisa Small

Plaintiffs attorneys: Brian LaBovick and Peter Hunt, LaBovick Law Group, Palm Beach Gardens

Defense attorneys: Seth R. Goldberg and Lauren McEndree, Conroy Simberg; Hollywood

Verdict amount: $8,281,522.20

 

More verdicts:

Miami Lawyers Land $15 Million Verdict Over Patient's Death From Alleged Hospital Bug

South Florida Lawyers Clinch $13 Million Verdict in Wrongful-Death Case