Of Counsel A REPORT TO CLIENTS & ATTORNEYS VOLUME 19, NUMBER 2 other ailments. In the past, several of his children had Above: The Jury awards $10 million fatal accident taken his car keys away from him after they became in fatal accident caused scene with the increasingly worried about his mental competence 42,000 pound by 99-year-old driver and driving ability. Searcy Denney attorneys, Chris RV driven by a Searcy, Karen Terry, and Jack Hill represented the 99-year-old man. In February 2018, Walter Roney was driving his 40- Poindexter family. Ms. Terry reported that, in 2017, foot recreational vehicle on Florida State Road 70. Mr. Mr. Roney had been prohibited from driving until he Roney and his girlfriend, 75-year-old Carolyn Bruns received a driving and medical evaluation and passed were taking the RV to Florida's Gulf coast to get the Michigan’s driving test. Nonetheless, the attorneys IN THIS ISSUE: RV fixed. Unfortunately, Mr. Roney was driving in the representing the Roney estate responded to claims of wrong direction on a divided highway. Mr. Roney’s frailties that “The Michigan Department of Two Port St. Lucie teenagers – 17-year-old Britney State . determined that Mr. Roney had ‘an acceptable Poindexter and best friend 18-year-old Santia Feketa medical condition,’ had scored ‘passing results’ on a Searcy Denney – were also driving on State Road 70, headed from knowledge exam, vision test, and road test, and was named one of Ms. Poindexter’s home to a rollerskating rink. Mr. ‘eligible to continue driving with full privileges.’ ” 'America's 25 Most Influential Roney’s RV, which weighed 42,000 pounds, ploughed On the eve of trial, Mr. Roney’s girlfriend, Ms. Bruns, Law Firms' head-on into the girls’ vehicle, killing both of the girls. PAGE TEN who was a passenger, paid her entire police limits of The teenagers never had a chance. Mr. Roney died $1 million to settle claims that she was also responsi- several weeks later. Restaurant and truck ble for the crash. Novelly, attorney Karen Terry argued owner/employer Florida Highway Patrol troopers who investigated that Ms. Bruns had been serving as Mr. Roney’s “visual held accountable for drunk driver the crash noted that the RV’s lights were not on at spotter” and caregiver while on this trip. Because in fatal crash the time of the crash. Further investigation revealed they were in a joint enterprise while driving the RV, PAGE SIX that Mr. Roney suffered from memory problems and Ms. Bruns could have taken action that may have had poor eyesight, limited hearing, and a host of prevented the accident. (Continued on page two.) $10 million settlement for young woman's death Sia Baker-Barnes in crash with negligent tractor-trailer driver and Katie Kiziah sworn in as members Nothing, however, will ever ease the A later investigation by Searcy Denney attorneys of U.S. Supreme lifetime of pain suffered by the family confirmed that Smith was traveling at approximately Court over the loss of their daughter. 68 miles per hour when he struck Anne’s car. The PAGE TWELVE In April 2017, Anne Jones (not her real name) was truck’s speedometer was stuck at that speed. He had driving on Interstate 95 in Florida, north of Daytona. made no effort to slow down before the collision. SEARCY The young woman was driving within the flow of Anne never had a chance to avoid the crash. Smith DENNEY surrounding traffic on the highway. Suddenly, a large was charged with operating the truck in “a careless SCAROLA tractor-trailer slammed violently into the rear-end of or negligent manner and driver distraction.” BARNHART Anne’s vehicle killing her almost instantly. The truck The grief associated with a parent’s loss of a child k SHIPLEY PA was leased by Burns Trucking Company (not the real is perhaps the most traumatic loss a human being ATTORNEYS AT LAW name) and driven by John Smith (not his real name). can endure. (Continued on page three.) Jury awards $10 million in fatal accident caused by 2139 PALM BEACH LAKES BLVD. THE TOWLE HOUSE 99-year-old driver WEST PALM BEACH, FL 33409 517 NORTH CALHOUN ST. TOLL FREE: 800-780-8607 TALLAHASSEE, FL 32301 (Continued from page one.) LOCAL: 561-686-6300 TOLL FREE: 888-549-7011 FAX: 561-478-0754 LOCAL: 850-224-7600 When the trial began, Roney’s attorneys FAX: 850-224-7602 acknowledged that Mr. Roney was at fault ATTORNEYS AT LAW: for the crash. The jury, however, was not ROSALYN SIA BAKER-BARNES F. GREGORY BARNHART told about Mr. Roney’s ongoing disputes T. HARDEE BASS III LAURIE BRIGGS with his children and doctors over whether BRIAN R. DENNEY JORDAN A. DULCIE he was fi t to drive. BRENDA S. FULMER MARIANO GARCIA JAMES W. GUSTAFSON, JR. The unanswered question MARA R. P. HATFIELD ADAM S. HECHT arising from this case remains: JACK P. HILL how can a man of Mr. Roney’s age, CAMERON M. KENNEDY KATHERINE KIZIAH frailties, and limitations obtain a MICHAEL H. KUGLER ANDREA A. LEWIS fully-privileged driver’s license YASMEEN LEWIS LINDSAY REINHART to operate a massive vehicle EDWARD V. RICCI on this nation’s roads? JACK SCAROLA MATTHEW SCHWENCKE CARTER W. SCOTT Young victims in the crash with the CHRISTIAN D. SEARCY Instead, the jury was told about the teenagers CHRISTOPHER K. SPEED RV: 17-year-old Britney Poindexter, KAREN E. TERRY and about the impact their deaths had on DAVID P. VITALE, JR. (left) and best friend 18-year-old DONALD J. WARD III their families. Attorneys Terry and Hill Santia Feketa. C. CALVIN WARRINER III tried the case to a federal jury in West BORIS L. ZHADANOVSKIY Palm Beach, Florida. The only question OF COUNSEL: EARL L. DENNEY, JR. left to the jury to decide was how much DAVID K. KELLEY WILLIAM B. KING Mr. Roney’s estate should pay to the two JOHN A. SHIPLEY victims’ parents. The jury awarded $10 PARALEGALS: VIVIAN AYAN-TEJEDA million to the four parents. Despite the NICHOLAS F. DEBELLIS RANDY M. DUFRESNE $11 million victory, the parents remain JOHN C. HOPKINS VINCENT LEONARD forever heartbroken. LESLIE MCCOWN ROBERT W. PITCHER The unanswered question arising from this CHRIS R. RODGERS STEVE M. SMITH case remains: how can a man of Mr. Roney’s BONNIE STARK WALTER STEIN age, frailties, and limitations obtain a fully- privileged driver’s license to operate a massive vehicle on this nation’s roads? As our population ages, it is a question that needs to be addressed immediately – by our elder WEBSITES: WWW.SEARCYLAW.COM drivers, their families, and state and local law WWW.SEARCYLAWTALLAHASSEE.COM enforcement and licensing offi ces. u WWW.SEARCYLATINO.COM WWW.SEARCYMASSTORT.COM Read Attorney Karen Terry's SDSBS Attorneys article about Karen Terry and Jack Hill. Of ELDER DRIVERS: Counsel WHERE ARE WE HEADING? on page four of this newsletter, A REPORT TO CLIENTS & ATTORNEYS VOLUME 19, NUMBER 2 or on our website: MANAGER: JOAN WILLIAMS MANAGING EDITOR: ROBIN KRIBERNEY www.SearcyLaw.com EDITOR: DIANE TRUMAN CREATIVE DIRECTOR: DE CARTERBROWN NOTE: The accounts of recent trials, verdicts and settlements contained in this newsletter are intended to illustrate the SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, PA 2 experience of the fi rm in a variety of litigation areas. Each case is unique, and the results in one case do not necessarily indicate the quality or value of any other case. Omitting clients’ names and/or defendants’ names are the result of requests for anonymity. Speaking Opportunities Jack Sia Scarola Baker-Barnes Brenda Ed David Katie Fulmer Ricci Vitale Kiziah Jack Scarola was a featured speaker at the 2019 Annual Meeting of the International Academy of Trial Lawyers in London, England. His topic was the Crime Victims Rights Act challenge to the federal government’s grant of immunity to billionaire child molester, Jeffrey Epstein. Attendees reported $10 million settlement for young woman's death that Mr. Scarola was recognized with a standing ovation after in crash with negligent tractor-trailer driver his presentation. The IATL is an international group of elite (Continued from page one.) trial lawyers whose purpose includes elevating the standards It is every parent’s nightmare, and it is now a permanent of honor, integrity, and courtesy in the legal profession. u reality for Anne’s parents, Mary and William Jones. Anne Katie Kiziah spoke at the Palm Beach County Bar Association’s lived at home with her mother. They shared all of life’s ups Bench Bar Conference in February 2019. She was the co-chair and downs, traveling and socializing together, and drawing of the Personal Injury/Medical Malpractice session. Sia on each other for support, love, and friendship. Anne’s father Baker-Barnes was a moderator on the Conference’s Medical was also quite close to his daughter. He had an active role in u Malpractice panel’s discussion on “Bad Faith.” Anne’s life, talking with her almost daily, taking her on fishing Sia Baker-Barnes and David Vitale participated in 360 and camping trips, and frequently meeting her for dinner to Advocacy’s conference, “Damages: Go Big or Go Home.” The catch up on her activities. conference was held in March 2019 in Las Vegas, Nevada. Anne was sweet, innocent, fun, and loving. She lifted the Ms. Baker-Barnes’ topic was “Important Considerations for spirits of everyone who had the fortune of spending time Litigators in the Era of the MeToo Movement.” Mr. Vitale’s with her. Her passion in life was dance and music. She u topic was “Finding the Impossible Bad Faith Claim.” radiated positive energy and was always able to see a glass Sia Baker-Barnes was also a speaker at the Miami-Dade Inns as half full, regardless of circumstances.