Case Background
Kimberly Agee, a resident of Brevard County, Florida, was involved in a motor vehicle collision on April 24, 2019, while driving westbound on Barton Boulevard in Rockledge. She had stopped at a red light when Amber Edwards, also in the left turn lane behind her, was struck from the rear by a third vehicle. The impact propelled Amber’s vehicle into Kimberly’s, resulting in visible damage and physical injury. Kimberly promptly reported the incident to her insurer, State Farm, and began receiving medical treatment. She attributed her ongoing injuries and related hardships to the accident.
Cause
Amber Edwards was allegedly negligent while stopped at the red light. Despite being stationary, she failed to maintain proper control of her vehicle and a safe following distance. When rear-ended by a third vehicle, her car collided with Kimberly’s, which Kimberly claims was foreseeable and preventable. She asserts that Amber breached her duty to operate her vehicle cautiously and that this negligence—whether due to distraction or inattention—was the proximate cause of the accident. The context of normal traffic flow and clear signal controls further underscores Amber’s responsibility.
Injury
Kimberly sustained serious and permanent bodily injuries. She experienced physical pain, mental anguish, and emotional distress. The injuries led to disfigurement, disability, and a loss of enjoyment of life. Her condition worsened pre-existing medical issues, and the accident diminished her physical capabilities. She required hospitalization and continued medical care. These impairments disrupted her daily life and ability to work, contributing to ongoing psychological and emotional strain.
Damages
Kimberly seeks compensation for past and future medical expenses, lost income, and reduced earning potential. She also claims damages for the repair or replacement of her vehicle. In addition, she requests non-economic damages for pain, suffering, disfigurement, impairment, and mental anguish. Her claim includes all financial and emotional losses stemming from the accident, both current and anticipated.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Kimberly Meehan Agee
Counsel for Plaintiff: Grant R. Gillenwater | Jacob M. Schuster | David L. Luck | Yalkin Gencel | Stephen A. Marino
Expert Witness for Plaintiff: Andrew Boltuch | Jose Pizarro
Defendant(s): Amber Noelle Edwards | State Farm Mutual Automobile Insurance Company
Counsel for Defendants:Lukas D. Goettke | Peter S. Garcia | Brian A. Ramos | David M. Angley | Jennifer Lee Kass | Scott A. Shelton | Megan Alexander | Warren B. Kwavnick
Expert Witness for Defendant: Ira Fox | Kenneth Hawthorne | Calvin Barnes
Claims
Kimberly filed a negligence claim against Amber Edwards, asserting a breach of the duty of care in the operation of her vehicle. She also brought claims against her insurer, State Farm, for breach of contract and wrongful denial of uninsured/underinsured motorist coverage. Kimberly seeks damages from both defendants and demands a jury trial on all triable issues. Her objective is to hold the parties accountable and secure the compensation to which she believes she is legally entitled.
Defense
In response to the plaintiff’s allegations, Defendant Amber Noelle Edwards denied liability for the accident and the injuries claimed. She contested the assertion that she acted negligently or breached any duty of care while stopped at the traffic signal on April 24, 2019. Edwards argued that she was not at fault for the rear-end collision involving Kimberly Meehan Agee and challenged the extent, cause, and permanency of the injuries alleged.
Additionally, while the plaintiff alleged that Edwards was uninsured and responsible for triggering an insurance claim under the State Farm uninsured/underinsured motorist policy, Edwards did not concede to those characterizations.
Jury Verdict
On February 22, 2024, a jury found Amber Noelle Edwards negligent and responsible for causing injuries to Kimberly Agee. The jury awarded Agee approximately $75,878 for past medical expenses and $475,000 for future medical care. In addition, they granted $1,350,000 in non-economic damages for past and future pain, suffering, and emotional distress.
