Motorist Struck Bicyclist While Attempting to Avoid Gunfire
The bicyclist was hit by a motorist who ducked when his car was hit by a bullet during a shooting.
April 20, 2020 at 01:27 PM
2 minute read
MOTOR VEHICLE
MIAMI-DADE CIRCUIT COURT
An insurance company agreed to pay $750,000 to the family of a bicyclist who suffered a fatal head injury when he was struck by a motorist who was attempting to avoid gunfire northwest of downtown Miami.
The payment settled a lawsuit filed by the adult daughter of bicyclist Charles Wilson. The suit alleged the motorist ducked beneath his vehicle's dashboard during the shooting, which was never explained, rather than remaining focused on the roadway. The suit also had a potential bad-faith component stemming from the inclusion of a hold-harmless clause in a policy-tender offer.
The defense contended the motorist was being shot at and did what he had to do to avoid being struck. At least one bullet hit the car during the shooting. The parties reached a settlement to avoid trial.
Case: Estate of Wilson v. Cadet
Case No.: 2018-022471-CA-01
Plaintiffs attorney: Michael T. Flanagan, Flanagan Personal Injury & Wrongful Death Law Firm, Coral Gables
Defense attorneys: Kenneth E. Amos and Davis R. Watson III Jr., Vernis & Bowling of the Gulf Coast, St.Petersburg
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