• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Madalon Law

  • (877) IT-MATTERS
  • (954) 923-0072
  • Home
  • Legal Team
    • Joseph Madalon, Esq.
    • Leandro Carvalho, Esq.
    • Susan Lee, Esq.
  • Practice Areas
    • Property Damage
    • Hurricane Damage
    • Roof Damage
    • Water Damage
    • Amusement Park Accidents
    • Aviation Accidents
    • Bar / Nightclub Accidents
    • Bicycle Accidents
    • Birth Injury
    • Boating Accidents
    • Burn Injury
    • Bus Accidents
    • Car Accident
    • Construction Accidents
    • Head and Brain Injuries
    • Horse Riding Accident
    • Lyft Accident Attorneys
    • Maritime Attorneys
    • Medical Malpractice
    • Motorcycle Accidents
    • Negligent Security
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Premises Liability
    • Product Liability
    • Sexual Harassment
    • Slip and Fall
    • Spinal Injury
    • Swimming Pool Accident
    • Theme Park Injuries
    • Truck Accident
    • Uber Accident Attorneys
    • Vacation / Hotel Accident
    • Wrongful Death
    • Class Action Lawsuits
    • CPAP Recall Lawsuit
  • Results
  • Videos
  • Blog
    • Articles
  • FAQs
  • Contact
  • En Español
  • Inicio
  • Nosotros
    • Equipo Legal
    • Biografia de Joseph Madalon
  • Lesiones Personales
  • Resultados
  • Videos en Español
  • Contacto
  • En inglés

Tow Truck Responding to an Accident Causes Another

Free Consultation - Call (888) 888-2535 - Madalon Law helps victims and their families receive compensation for their injuries in Auto Accident and Tow Truck Crash cases. Tow Truck Responding to an Accident Causes Another - Fort Lauderdale, Florida Auto Accident Lawyer

Abbott v. Dorleans, 41 So. 3d 984 (Fla. Dist. Ct. App. 2010)

This auto accident case involved a tow truck that was partially blocking the left lane while responding to an accident.

The accident occurred on US 27 on a dark evening while Esther Dorleans and her daughter were driving south. Esther’s vehicle collided with a tow truck driven by Kenneth Abbott and owned by Westway Towing. The tow truck was partially blocking the left travel lane of traffic while responding to the scene of an accident and was removing a vehicle. A police car was parked entirely in the median with its lights flashing, Esther did not avoid the accident and struck the rear of the tow truck.

At trial, Abbott and Westway claimed that Esther was negligent in failing to avoid the truck. On liability conflicting evidence was presented as to whether caution cones or flares were set up. Esther’s daughter, Rachelle testified that there were none while Abbott claimed that he set them up. The deputy testified that there were no cones. There was conflicting evidence as to whether Esther slowed down before hitting the truck. Rachelle testified that she told Esther to slow down, but she didn’t have time to avoid the truck. There was other testimony that indicated that Esther did not slow down before the accident. The Jury rendered a verdict for Esther awarding her $1,442,636 finding that Esther was 10% at fault, the tow truck driver 35% at fault and deputy 55% at fault.

On appeal Abbot and Westway brought up for the first time that they did not owe a legal duty for Esther. The court rejected their argument because they cannot raise the absence of legal duty for the first time on appeal and stated that the question whether the defendant has exercised reasonable care on the roadways is generally a question for the jury to decide. Here the jury found that the two truck driver had not exercised reasonable care in managing the accident scene on a roadway by allocating Abbott and Westway a large part of fault.

Abbot and Westway also asserted that the damages that Esther was granted was excessive and contrary to the great weight of evidence. The court rejected this argument as well stating that there was ample evidence to support the jury’s verdict and that although it disagreed with the amount mere disagreement with the verdict is not enough to reverse the jury’s findings. A reversal of jury verdicts is only necessary when the verdict is contrary to the manifest weight of evidence where the evidence is clear obvious and undisputable. The court concluded that although the amount that Esther was awarded was substantially less than the amount she requested and that the amount awarded on one small award greater than the amount that was testified at trial the discrepancy was not grounds for reversal but attributed to the jury round up the amount of awards.

If you have questions about a car accident, contact the Fort Lauderdale accident attorneys of Madalon Law and they will answer your questions at no cost.

Areas of Practice

Amusement Park Accidents

Aviation Accidents

Bar and Nightclub Fights

Bicycle Accidents

Birth Injury

Boating and Cruise Ship Accidents

Burn Injuries

Bus Accidents

Car Accidents

Construction Accidents

Head and Brain Injury

Horse Riding Accident

Maritime and Cruise Ship

Medical Malpractice

Motorcycle Accidents

Negligent and/or Inadequate Security

Nursing Home Abuse and/or Negligence

Pedestrian Accident

Premises Liability

Product Liability

Resort/Vacation Injuries

Sexual Harassment

Slip and Fall

Spinal Cord Injury

Swimming Pool Accidents

Theme Park Injuries

Truck Accidents

Wrongful Death

Video Library

Blog

Understanding the Law

Fort Lauderdale

Main Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Phone: (954) 923-0072
Toll Free: (877) 486-2883
Fax: (954) 923-0074

West Palm Beach

By Appt. Only
515 N Flagler Dr Suite P-300
West Palm Beach, FL 33401
Phone: (561)-243-1003
Toll Free: (877) 486-2883
Fax: (954) 923-0074

Miami

By Appt. Only
150 SE 2nd Ave, Suite 300
Miami FL 33131
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074
  • Home
  • Disclaimer
  • Privacy Policy
  • Contact Us
  • Site Map

Footer

Facebook

Twitter

Linkedin

Google Plus

YouTube

Instagram

Pinterest

We serve the following localities:
BROWARD COUNTY including Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Plantation, Coral Springs, Davie, Sunrise, Weston, Deerfield Beach and Miramar;
MIAMI-DADE COUNTY including Coral Gables, Cutler Bay, Doral, Hialeah, Homestead, Kendall West, Miami, Tamiami, The Hammocks, and Westchester;
PALM BEACH COUNTY including Belle Glade, Lake Worth, and West Palm Beach;
ORANGE COUNTY including Orlando and Winter Park;
OSCEOLA COUNTY including Kissimmee, Poinciana, and St. Cloud.
Areas Served

Copyright © 2023 · Madalon Law · Powered by: USAttorneys.com
Areas Served

X

Contact Madalon Law

    Contact Us

    Please prove you are human by selecting the Cup.