Scott B. Smith - PRESS RELEASE - Florida Truck Accident Settlement

    A Palm Beach County Jury awarded Eddie Townes $653,138.25 today (Friday, November 21, 2008) in the matter of Eddie Townes v. FedEx Ground Package Systems, Inc., Tee-W Industries, Inc., and Michael Dipianta.  The jury awarded $78,138.75 in past medical expenses, $300,000.00 for future medical care needs and $275,000.00 for pain and suffering damages ($75,000.00 in the past and $200,000.00 in the future).

     Mr. Townes, 33 years of age, a resident of West Palm Beach, was involved in a truck accident on July 24, 2007 on Florida’s Turnpike in Indian River County, Florida.  At the time of the subject accident, Mr. Townes and his passenger were southbound on the Florida Turnpike returning from a family vacation in Alabama.  Mr. Townes and the vehicle he was following, operated by his sister, had momentarily pulled over to the shoulder of the Turnpike to settle a young baby situated in his sister’s vehicle.  Shortly thereafter, they both merged back into the right lane of travel of the Florida Turnpike.  Approximately 25-30 seconds later, Mr. Townes’ vehicle was rear-ended by the second involved vehicle, a FedEx double tractor-trailer.  The FedEx truck was being operated by Mr. Dipianta.  As a result of being rear-ended by the FedEx tractor-trailer, Mr. Townes’ vehicle struck the guardrail to the immediate right of the roadway and rolled over several times, eventually coming to final rest on its roof.  

    FedEx contended from the day of the subject accident and at trial that Mr. Townes had illegally stopped on the side of the road, improperly merged back into the right lane of travel, failed to accelerate at a reasonable speed and was driving below the minimum speed as he attempted to regain full speed.  FedEx further contended that Mr. Townes suffered only minor and temporary injuries as a result of the commercial motor vehicle accident.  

    Mr. Townes’ attorney, Scott B. Smith, Esq., commented, “My client is most appreciative of the jury’s time given throughout the trial and for the justice provided.”  Mr. Smith also added, “Moreover, Mr. Townes is also very pleased that the jury found the FedEx truck driver solely at fault for causing the subject accident.”  

    The trial commenced on Wednesday, November 12, 2008, and the jury returned with a verdict on Friday, November 21, 2008.  The presiding judge was Circuit Court Judge Donald Hafele.  Attorneys representing FedEx and the other defendants were with the Law Firm of Fulmer, LeRoy, Albee, Baumann and Glass, of Orlando, Florida.  

Contact information for Scott B. Smith, Esq.:
Office (561) 622-0622
Cellular (561) 398-8991