Case Background
Derek Oliveira filed a negligence lawsuit against Skanska-Granite-Lane (SGL), a joint venture, in Orange County, Florida. On June 23, 2020, Oliveira drove his 2014 Mazda CX9 eastbound on Fairbanks Avenue and attempted to turn onto the I-4 eastbound entrance ramp at MM87. SGL was conducting construction on the ramp as part of the I-4 Project. In the weeks leading up to the incident, SGL frequently altered the ramp’s layout, including placing and removing warning signs, barrels, and barricades. On the day of the crash, much of the safety signage was no longer present.
Cause
According to the complaint, SGL created a confusing and dangerous construction zone. The firm failed to clearly mark the ramp’s safe lanes of travel. By June 23, 2020, it had removed essential barriers, warning lights, and signage from the ramp entrance. Only two barrels remained, neither of which blocked traffic. A low-profile concrete barrier, lacking reflectors or crash protection, stood near the merge point. Oliveira, attempting to merge safely onto I-4, unknowingly drove into the unmarked barrier. The lack of clear guidance and visible warnings allegedly caused the crash.
Injury
The collision caused Oliveira to suffer bodily injuries. He reported physical pain, permanent damage, and disability. The complaint also listed scarring, mental anguish, and the loss of capacity to enjoy life. Medical treatment and hospital expenses followed. His injuries affected his ability to work, earn income, and maintain a normal lifestyle. The complaint described the consequences as permanent or continuing.
Damages
Oliveira sought damages exceeding $30,000. He requested compensation for pain, suffering, and emotional distress. Financial damages included lost wages, diminished future earning capacity, and medical expenses. He also claimed damages for inconvenience, scarring, and the aggravation of prior health conditions.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Derek Oliveira
Counsel for Plaintiff: Jason Recksiedler
Defendant(s): Skanska-Granite-Lane A Joint Venture
Counsel for Defendant: Atheseus Lockhart
Claims
The complaint asserted one count of negligence against SGL. It alleged that the company breached its duty to ensure safe traffic flow within the construction zone. Oliveira claimed SGL failed to follow safety protocols, neglected to maintain proper signage, and placed dangerous barriers without proper markings. He requested a jury trial and sought judgment for all related damages, plus interest and court costs.
Defense
The defendant, Skanska-Granite-Lane Joint Venture, generally denied all allegations of negligence and denied responsibility for the plaintiff’s injuries. It raised multiple affirmative defenses, chiefly asserting that the plaintiff’s own negligence either solely caused or contributed to the accident. The defense claimed that the plaintiff failed to exercise reasonable care, including not using a seatbelt and not mitigating damages, and that such conduct reduced or barred any potential recovery.
Additionally, the defense argued that external conditions and third-party actions beyond its control caused the incident. It invoked protections under Florida’s Tort Reform Acts and the No-Fault Law, seeking reductions for any collateral source benefits. The defendant also maintained that the roadway was clearly marked and the concrete barrier struck by the plaintiff was outside the travel lane, suggesting the crash resulted from the plaintiff’s failure to remain within the designated roadway.
Jury Verdict
On January 12, 2024, the Court awarded Plaintiff Derek Oliveira $919,245.10 in damages against Defendant Skanska-Granite-Lane Joint Venture, with interest at 9.09% per year under Florida Statute §55.03. The Court retained jurisdiction to later award attorney fees and costs upon proper motion. The Defendant was ordered to issue payment within 45 days of the signed order.
Court Documents
Court documents are available for purchase upon request at [email protected]
