Case Background
Christopher Fox filed a lawsuit against Mary C. Aldrich and Allstate Insurance Company in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida. Fox filed his complaint on May 13, 2022, and the case was assigned case number 2022-CA-004278-O. Bryan D. Matthews of Morgan & Morgan, P.A. represented Fox in the matter.
Cause
According to the complaint, the incident took place on May 4, 2020. Fox was parked in a business parking lot located at 4315 Curry Ford Road in Orlando, Orange County, Florida. At that time and place, Aldrich owned and operated a motor vehicle in the same parking lot. Fox alleged that Aldrich negligently operated and/or maintained her motor vehicle so that it collided with his vehicle.
Injury
Fox claimed that Aldrich's negligence caused him bodily injury, including a permanent injury to his body as a whole. He alleged pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, and inconvenience. He also alleged loss of capacity for the enjoyment of life, activation of a latent disease or physical defect, and aggravation of an existing condition. Fox stated that he incurred expenses for hospitalization, medical care, and nursing treatment, and that he suffered a loss of earnings and a loss of ability to earn money. He claimed the losses were either permanent or continuing and that he would suffer these losses in the future. Fox also stated that his motor vehicle sustained damage in the collision.
Damages Sought
Fox brought two counts in his complaint. In Count I, he sought damages from Aldrich for negligence. In Count II, he sought damages from Allstate Insurance Company, alleging that Allstate issued him a policy of insurance on March 23, 2020, that provided stackable uninsured/underinsured motorist coverage in the amount of $10,000. Fox alleged that he furnished Allstate with timely notice of the accident and proof of his claim, but Allstate denied that coverage existed or refused to pay him the full value of his claim. Fox demanded judgment for damages that exceeded $30,000, exclusive of costs, interest, and attorneys' fees, and he demanded a trial by jury. The uploaded documents do not include a disposition of Count II against Allstate.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Christopher Fox
· Counsel for Plaintiff: Bryan D. Matthews | Michael Zmijewski
Defendant: Mary C. Aldrich
· Counsel for Defendant: Ryan J. Hayes | Aaron Eagan | Benjamin Pickos
· Experts for Defendant: Ravi R. Patel | Geoffrey A. Negin
Key Arguments or Remarks by Counsel
Claims
Fox alleged that Aldrich negligently operated and/or maintained her motor vehicle, causing it to collide with his vehicle while both were in the parking lot at 4315 Curry Ford Road. He claimed this negligence directly and proximately caused him bodily injury, pain and suffering, and damage to his vehicle.
Defense
Aldrich filed her answer and affirmative defenses on October 6, 2022, through her attorney Ryan J. Hayes. She admitted the jurisdictional allegations in paragraph 1 of the complaint for jurisdictional purposes only and otherwise denied the allegations, including the amount of damages owed to Fox. She stated she was without knowledge as to the allegations in paragraphs 2, 4, 5, 8, 9, 10, 11, 12, 13, and 14 of the complaint and therefore denied them. Aldrich admitted the allegation in paragraph 6 that she owned and operated a motor vehicle in the business parking lot, but she denied the allegation in paragraph 7 that she negligently operated or maintained her vehicle so that it collided with Fox's vehicle.
Aldrich raised thirteen affirmative defenses, numbered as paragraphs 7 through 19 of her Answer. She argued that Fox's own negligence caused or contributed to the accident, which should bar or reduce his recovery. She invoked the threshold defense under Florida Statute 627.737, arguing that Fox's recovery for pain, suffering, mental anguish, and inconvenience was barred. She argued that Fox could not recover from her beyond the limitations set forth in Florida Statute 324.021(9)(b)(3), since she was a natural person owner subject to vicarious liability limits. Aldrich also argued that Fox failed to mitigate his damages by not following the advice of competent medical providers and not using available insurance benefits.
Aldrich further argued that Fox could not recover for medical expenses that were not reasonable, customary, related, or necessary. She raised collateral source set-off defenses, arguing that Fox could not recover damages for medical expenses or lost wages already paid or payable from Personal Injury Protection benefits or other collateral sources, and that he could not recover for medical expenses that had been written off, adjusted, or otherwise reduced by medical providers, health insurance, Medicare, or Medicaid. She argued that Fox could not recover damages caused by his failure to use a safety belt. Citing Fabre v. Marin, she argued that she was entitled to an apportionment of damages attributable to the negligence of any non-party.
On the property damage claims, Aldrich argued that Fox's recovery was limited to the reasonable cost of repair of his vehicle or its reasonable market value at the time of loss, whichever was less. She argued that Fox's claim for loss of use of his vehicle was limited by Florida law, and that if his vehicle was declared a total loss, he could not assert a claim for loss of use at all. She also argued that Fox could not recover for loss of use if he had access to a replacement vehicle or obtained a new one during the time his vehicle was unavailable. Finally, she argued that she was entitled to a set-off or reduction for any insurance or collateral sources paid or payable to Fox in connection with the repair or replacement of his vehicle. Aldrich demanded a trial by jury on all issues.
Jury Verdict
The jury signed the verdict form on June 19, 2025, in Orange County, Florida. The jury found that Aldrich's negligence was a legal cause of loss, injury, or damage to Fox. The jury also found that Fox sustained a permanent injury within a reasonable degree of medical probability.
On the medical expenses question, the jury awarded Fox $69,000 for past medical expenses and $110,000 for future medical expenses. On pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life, the jury awarded Fox $30,000 for damages sustained in the past and awarded $0 for damages to be sustained in the future. Added together, these four itemized figures on the verdict form total $209,000.
The Court entered a judgment on June 29, 2025. The judgment stated that it was entered pursuant to the verdict rendered in the action on June 19, 2025, but a separate line within the same judgment referred to the verdict date as June 19, 2024. This date discrepancy appears in the judgment document itself. The judgment stated that the jury reached a verdict in favor of Fox in the total sum of $209,000, and it ordered that Fox recover $209,000 from Aldrich, for which execution was to issue
The judgment further ordered that the $209,000 bear interest from the date of the judgment's entry until paid, at the statutory rate set forth in Section 55.03, Florida Statutes, for which execution was also to issue. Judge Patricia L. Strowbridge signed the judgment. The Court retained jurisdiction over the entitlement to and amount of attorney's fees and costs pursuant to any timely filed motions, over any rulings on collateral source setoffs, and over all actions necessary to enforce the judgment.
Court Documents
