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$1.65 Million Verdict Boating Negligence Tampa, Florida

Mark Hickey

PartiesMacheski v. Vongontard, et al.

Florida Injury AttorneysFrank Fernandez and Jennifer Fernandez of the Fernandez Firm.

Age/Sex/Occupation of Plaintiff27 / M / College Student

NegligenceVerdict for man who sustains right leg amputation due to a negligent boating. On June 5, 2004, after falling off an inner tube, the Plaintiff was left floating in a small lake in north Tampa, Florida. The boat that he was tubing behind negligently failed to come back and pick him up. Minutes later, the Plaintiff had his right leg amputated was when he was struck by a second boater while stranded in the lake. Under Florida law, boats are legally classified as dangerous instrumentalities. Thus when a person operates a boat on the waters of this State, they are required to exercise highest degree of care to prevent injuries to others. They also have a legal obligation to watch where they going and maintain a proper look-out. If they fail to use the highest degree of care and, as a result, negligently injure someone, they are responsible for the damages.

Editor's Note

At the time of the incident, the negligent boater who struck and injured the Plaintiff did not have any insurance coverage. Just prior to trial, this Defendant’s family personally paid $150,000 to settle all claims against him. The Fernandez Firm also obtained a $300,000 pre-suit settlement with a property owner related to their negligence on the day of the boating accident. Finally, at trial Florida personal injury Attorneys Frank Fernandez and Jennifer Fernandez obtained $1.65 million verdict against the boater who left the Plaintiff helplessly stranded in the lake.
Frank Fernandez
The Fernandez Firm | Tampa