Jury Awards Paralyzed Hero Truck-Driver $14.6 Million

June 24, 2009

A Broward County jury, after a week long trial, today awarded a driver, paralyzed when his 18-Wheeler overturned, $14.6 million after two days of deliberations. Derry Brown, Jr., 64, of Pakohee, Florida was paralyzed in the May 31st, 2007 accident on State Road 80 just east of Lion Country Safari.

"What Mr. Brown did that day was nothing short of heroic," said his attorney Robert W. Kelley who tried the case with his partner, Todd Falzone. "I think the jury understood that Derry's choice to swerve that day saved the other driver's life," said Kelley.

The initial accident occurred two years ago when the driver of a vehicle that never stopped, ran a stop sign and cut off Mr. Brown, who was hauling a load of sugar in his 1998 Freightliner truck. "If Derry hadn't decided to sacrifice himself that other driver would surely be dead," said Falzone. Instead, the Freightliner swerved off the road and overturned and Derry was severely injured.

Initially his own insurance company, National Casualty Company, refused to pay, forcing Mr. Brown to file suit against the company for uninsured motorist benefits to help find a way to cover the costs of the mounting medical bills. The huge verdict against National Casualty could have been avoided if the company had promptly stepped-up to the plate and paid the benefits when due, according to Kelley. But Kelley said the insurance company denied coverage to Mr. Brown forcing him to file suit and go to trial. Shortly before the trial began, Circuit Judge Cheryl Aleman, ruled that Mr. Brown was entitled to the Uninsured Motorist benefits under the National Casualty Policy. The company is expected to appeal.

Because of his medical condition, Mr. Brown who is currently undergoing rehabilitation at the Florida Institute for Neurological Rehabilitation in Wachula was unable to attend the majority of the trial. He was however air-lifted to the Broward County courthouse, along with his medical team, for his one day of trial testimony, and was represented in court by his wife Dorothy Mae Eaddy and his granddaughter, Gabrina Campbell.

Robert W. Kelley and Todd R. Falzone are trial attorneys in the law firm of Kelley / Uustal, PLC. The firm, which believes in justice for all, is headquartered in Fort Lauderdale, Florida, with offices located at Courthouse Law Plaza, 700 S.E. 3rd Avenue, Floor 3. Additional information about Kelley / Uustal may be obtained from the firm's website at www.justiceforall.com.

SOURCE Kelley Uustal PLC