Woman In SUV Struck By Garbage Truck While Making Turn
In September 2003, plaintiff Kathy Dearmin, middle-aged (exact age not given), a nurse, was making a left turn in Bradenton while driving her SUV when she was struck on the passenger side door of the driver side by a dump truck driven by Roberto Ramos, working for Curly Joe’s Inc., Bradenton, a garbage hauling service owned by Bradley Latham.Dearmin sued Ramos for negligent operation, and Curly Joe’s and Latham for vicarious liability.Plaintiff’s counsel contended that the defendants were negligent because the dump truck ran a red light. There was several independent eyewitnesses that confirmed this, according to plaintiff’s counsel.
Defense counsel disputed whether the light was red.
Dearmin suffered a traumatic brain injury.. She was in a coma for a week, and was hospitalized for a month. Dearmin did not undergo surgery as doctors were able to control her hematoma.
Plaintiff’s counsel claimed that Dearmin’s life has been greatly affected by her brain injury. Her mental age has been reduced to that of a 10-year-old. She requires 24-hour care. Her speech has been affected and her gait has become unsteady. Her only family lives at distance. She will never return to her former profession, as an emergency room nurse.
Defense counsel claimed that Dearmin’s injuries were exacerbated by her not wearing a seat belt.
The parties reached a settlement totaling $1.65 million. The settlement was paid for by Progressive Insurance. The defendants had a policy limit of $100,000.