Case Background
On December 7, 2020, at approximately 5:00 A.M., Tara Bradley had driven her 2015 Nissan Altima through Miami’s Tigertail Avenue near SW 27th Avenue. At the same time, Juan Carlos Herrera, an employee of the City of Miami, had driven a 2016 Ford Taurus owned by the city. According to the complaint, Herrera had been acting within the scope of his employment. Bradley alleged that Herrera had operated the city vehicle negligently, which caused it to collide with her car.
Cause
Bradley claimed that Herrera had failed to operate the city vehicle in a safe and reasonable manner. She asserted that he had driven carelessly and breached his duty of care to other motorists. As a result, his vehicle had struck hers. The complaint stated that Herrera had acted within his role as a city employee and that his actions were foreseeable and incidental to his duties.
Injury
Bradley had sustained multiple physical injuries from the crash. She claimed to have suffered bodily harm, aggravated a pre-existing condition, and experienced lasting pain. These injuries had led to disfigurement and a diminished capacity for enjoyment of life. She also alleged that the injuries were permanent and continuing in nature.
Damages
Bradley had sought damages exceeding $30,000. She requested compensation for past and future medical expenses. Her complaint also included claims for pain, disfigurement, and emotional suffering. She demanded a jury trial and sought judgment against the City of Miami under the theory of vicarious liability.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Tara Bradley
Counsel for Plaintiff: Robert C. Solomon, Esq.
Expert Witness for Plaintiff: Richard Samperisi | Alan Seth Greenwald
Defendant: City of Miami
Counsel for Defendant: Kenny Vixama
Expert Witness for Defendant: Mark J. Sinnreich | Ming Xiao
Claims
Negligence and Vicarious Liability
The City of Miami became liable under respondeat superior because its employee, Juan Carlos Herrera, negligently operated a city-owned vehicle while performing duties within the scope of his employment. He violated his duty to drive safely and reasonably, which resulted in a collision with the plaintiff’s vehicle. His actions occurred during the course of his work, making the City accountable for the resulting harm.
Physical and Emotional Injuries
Bradley sustained injuries to her body and worsened a pre-existing condition. She endured pain, disfigurement, and a loss of enjoyment of life. The injuries persisted and continued to affect her physically and emotionally over time.
Economic Damages
The Plaintiff incurred medical expenses for treatment and faced additional costs for future care. Her injuries disrupted her ability to manage daily life and imposed ongoing financial strain related to her recovery.
Compensation
Bradley sought compensatory damages exceeding $30,000, along with court costs. She demanded a jury trial and any other relief the court considered appropriate.
Defense
The City of Miami denied all allegations of negligence and liability in the accident involving Driver Herrera. It asserted that Plaintiff Tara Bradley failed to comply with Florida’s statutory pre-suit notice requirements under §768.28. The City maintained that any injuries or damages sustained were not caused by its agents or employees but were due to Bradley’s own negligence. It invoked the doctrine of comparative negligence, asserting that Bradley’s actions were the sole proximate cause of her injuries. The City also reserved the right to apportion fault to nonparties under the Fabre doctrine. Additionally, it claimed entitlement to setoffs under Florida’s collateral source rule and personal injury protection statutes. The City contended that Bradley failed to meet Florida’s no-fault injury threshold and had not mitigated her damages. Lastly, it invoked sovereign immunity under §768.28, limiting its liability.
Jury verdict
On March 13, 2025, the jury found in favor of the defendant, City of Miami, and against the plaintiff, Tara Bradley, thereby rejecting her claims in the personal injury lawsuit stemming from a 2020 car crash involving a city vehicle.
