Defense Verdict

Press Release 5

The Law Firm of Romaguera, Dawson, Humphrey & Russell, P.A., obtains a defense verdict in a negligence case in Palm Beach County, Florida.

Raul Romaguera

Trial

The trial before Fifteenth Judicial Circuit, Palm Beach County, Florida, Judge David French, in Palm Beach lasted four days. Raul Romaguera of Romaguera, Dawson, Humphrey & Russell, P.A., represented the Defendant, We Care of the Palm Beaches. The Plaintiff was represented by Jeffrey Herman of Herman & Mermelstein, P.A.

The Plaintiff alleged that during the course of a Baker Act transport from a juvenile detention facility in West Palm Beach to Florida Medical Center, she was sexually assaulted by the Defendant's representative in one of Defendant's representative's transport vehicles. The Plaintiff claimed that as a result of the alleged sexual assault, she had suffered psychological trauma. After Plaintiff was admitted to Florida Medical Center, she did not report the alleged sexual assault for a period of 10-days. The Florida Department of Law Enforcement investigated the matter and found insufficient evidence to file criminal charges against the driver.

Causes of Action

The Plaintiff brought a two-count complaint against We Care of the Palm Beaches, Inc., consisting of a negligent hiring and retention count and a common carrier liability count. At the close of Plaintiff's case, the Honorable David French granted a Directed Verdict in favor of We Care of the Palm Beaches on the negligent hiring and retention claim since all of the evidence proved that We Care of the Palm Beaches, Inc., had performed the requisite background checks on the driver. This background check performed through the Florida Department of Law Enforcement failed to reveal a felony conviction the driver had for possession cocaine in another state. On examination, the driver admitted he had not disclosed this conviction to We Care of the Palm Beaches; however, denied he had any sexual or inappropriate relations with the Plaintiff. The Plaintiff introduced evidence at trial that the driver had been previously investigated by law enforcement as a result of an allegation of having had intercourse with a mentally retarded victim.

The Plaintiff was cross-examined by Amy Russell and was repeatedly impeached as to the events that occurred on that day, as well as other matters, putting her credibility in question.

We Care of the Palm Beaches', corporate representative testified that the Defendant driver had performed "hundreds" of transports without incident prior to the allegations made by Plaintiff.

The Plaintiff's expert, Henry Krop, Ph. D., testified that while the Plaintiff had substantial psychological problems before this incident, this incident compounded and exacerbated her already fragile mental state. We Care of the Palm Beaches' independent medical examiner, Arnold Zager, M.D., a psychiatrist, testified that even if the incident occurred, the Plaintiff suffered no damage as a result of this incident and described how casual she was during their examination.

In closing argument, Plaintiff described to the jury a timeline wherein this incident could have occurred by using We Care's fleet's credit card's detailed transaction report and asked the jury to award between $4 and $6 million.

In closing argument, Raul Romaguera, argued that the fleet credit card transaction time the Plaintiff was suggesting was the "smoking gun" actually, in combination with the driver's cellular phone records proved that the timing could not have happened the way Plaintiff described. Mr. Romaguera pointed out to the jury the many tales Plaintiff had spun during the course of her depositions and even at trial. The jury was then asked to determine whether this incident happened, because, if so, they were instructed by the Judge that We Care was strictly liable and damages should be awarded.

The jury deliberated for approximately 2 hours before returning a defense verdict finding that the incident did not happen and that We Care of the Palm Beaches was not liable to the Plaintiff.