A South Florida woman whose boyfriend accidentally drove his car into her in a dark apartment complex parking lot has obtained a $1 million settlement without having to file suit.

Alexander Perkins of Perkins Law Offices in Miami represents Laura Canaveral, who was taking out the trash one evening in 2017 at the Westview Condominium Association in Pembroke Pines when the accident happened.

Canaveral had just arrived home from an evening shift at work, and had told her boyfriend to meet by the dumpsters so they could go out to eat. But Canaveral's boyfriend couldn't find her by the dumpsters, which were awkwardly positioned on a bend in a parking lot, according to her lawyer.

"As she rounds the corner he did not see her in the darkness and, unfortunately, ran her over," Perkins said.

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Major injuries

Canaveral, who was 19 at the time, fell unconscious and began bleeding from her head, according to Perkins, who said police started a homicide report, not expecting her to survive.

Perkins said his client recovered after she was intubated and was lucky to avoid brain surgery. Canaveral had a broken pelvis and ankle, along with other bodily injuries, and has since suffered from cognitive deficits, memory issues and post-traumatic anxiety and depression.

Perkins said his investigation revealed it was "almost pitch black" in the area where Canaveral was hit, and the doorless dumpster enclosure was allegedly not up to code.

"They [management] created a dangerous situation. You can imagine if someone just wanted to take something to the trash, you could trip on something or you could get mugged in the dark," Perkins said. "There's a lot of reasons to have adequate lighting."

But then, a major mishap struck the police station, which reportedly lost all photos and information related to the accident. It was a fumble that set Perkins back.

"Apparently the CD didn't work," Perkins said. "So we had no photographs to work with, other than our own when we were trying to recreate it later."

But Perkins found the pictures he took were "very telling," as they demonstrated extremely low visibility in the area at night.

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Problems for both sides

The complex comprises multiple town houses spread across different lots, according to Perkins. Canaveral lived in No. Three, which was reportedly the only one with a lighting problem. Perkins also alleged the complex knew there were safety issues, as it had sent out a memo warning residents not to let their kids play in the parking lots.

Westview Condominium Association complex in Pembroke Pines (Photo: Courtesy Photo) Westview Condominium Association complex No. Three in Pembroke Pines. Courtesy photo.

Counsel to the apartment complex, Gregory Glasser of Klein, Glasser, Park & Lowe in Miami, did not immediately respond to a request for comment. But his client disputed liability and agreed to settle the claims with its policy limit of $1 million through Philadelphia Insurance Co.

Perkins said he suspects they were able to come together pre-litigation because the case could have been problematic for both sides if it went to trial.

While the allegations presented the apartment complex with high exposure to liability and Canaveral's medical bills ran into the hundreds of thousands, Perkins also knew the defense had some strong counterarguments available. Among them: a Fabre defense, through which the driver could have ended up on the verdict form as a third-party defendant.

"It was not an easy case to go to a jury trial with and say, 'It's all the fault of this condo association in the dark that didn't have a light there,' " Perkins said. " A jury might have easily found that the person driving the vehicle was not paying close enough attention, especially knowing that he was going to pick up his then-girlfriend."

Canaveral has since moved out of the community, according to Perkins, who said although the accident impeded her performance at college, she's slowly recovering and rebuilding.

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