J.D. Gallop, FLORIDA TODAY 10:33 a.m. EDT September 3, 2015
(Photo: Courtesy photo)
A Brevard County jury has awarded a man $6 million in damages after his attorneys argued that a Merritt Island woman was negligent when she crashed into his scooter on the Pineda Causeway in 2011.
The verdict was rendered last week in Circuit Court Judge George Maxwell’s courtroom at the Moore Justice Center in Viera. The collision left Kenneth Jones incapacitated with brain injuries.
Jones, who retired from the Air Force, worked as a handyman and once lived by himself, but now resides in a nursing home.
“He is alert and he is aware of what has been taken from him in terms of his life,” said Mark Packo, the attorney who represented Jones’ daughter and legal guardian in the lawsuit. “It’s just a tragic situation.”
Packo said the monetary judgment is needed to help with Jones’ ongoing medical care.
The crash happened at about 7:30 a.m. on April 21, 2011 when Jones was driving westbound across the Pineda Causeway to make a doctor’s appointment. The Florida Highway Patrol reported that Christina Araj was driving a 2007 Chevrolet Suburban and was distracted when she struck Jones from behind, sending him careening head-first into the windshield.
“She was taking her children to school. She was distracted and looking in the rearview mirror when it happened," Packo said of the accident. "She also said there was a vehicle in front of her but none of the other witnesses saw that. She basically refused to accept responsibility for what happened.”
Jones ended up having eight brain surgeries, with doctors removing a portion of his skull to relieve pressure on his brain.
“It was touch and go for him for a while,” Packo said.
Araj’s attorney did not return calls about the case.
Packo said the Jones family attempted to work with Araj’s attorneys for a possible settlement but that ultimately the issue ended up in court, with lawyers representing Jones’ interests filing a lawsuit in 2012. The trial began August 10. The jury took seven hours to deliberate the case before returning the verdict.
The jury found Araj to be at least 75 percent at fault in the case. The jury also weighed how much they felt should be awarded to cover Jones’ previous medical bills along with his future expenses and rendered a $6 million verdict, court records show.
It was not immediately known if the case would be appealed.