Case Background
A Miami-Dade County jury returned a verdict in favor of the Plaintiff in a negligence lawsuit arising from a motor vehicle collision in Aventura, Florida. Kenneth Dominguez filed the complaint on January 30, 2023, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, against Manon N. Foisy. The case proceeded to a jury trial before Judge Beatrice Butchko Sanchez in Section CA22.
Cause
On February 4, 2022, Foisy operated a 2014 BMW in the southbound lanes of Biscayne Boulevard at or near the intersection of Biscayne Boulevard and South 191st Street in Aventura, Florida. According to the complaint, Dominguez made a legal right turn into 191st Street when Foisy's BMW collided with the front left of Dominguez's vehicle. The complaint alleged that Foisy carelessly and negligently operated the 2014 BMW, causing the collision.
Injury
The complaint stated that Dominguez sustained serious bodily injury that was permanent within a reasonable degree of medical probability. The complaint further alleged resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life. The complaint also cited expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition.
Damages Sought
Dominguez sought damages in excess of $75,000, along with costs, interest, and all other relief the Court deemed just and appropriate.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Kenneth Dominguez
· Counsel for Plaintiff: Peter Hunt
Defendant: Manon N. Foisy
· Counsel for Defendant: Ileana M. Rego
· Experts for Defendant: Kenneth L. Jarolem
Key Arguments or Remarks by Counsel
Claims
Dominguez brought a single count of negligence against Foisy. The complaint alleged that Foisy owed a duty to operate and maintain his motor vehicle in a safe and reasonable manner and to keep control of the vehicle to prevent it from colliding with other vehicles or pedestrians. The complaint alleged that Foisy breached that duty on February 4, 2022, when he negligently operated the 2014 BMW so that it collided with the front left of Dominguez's vehicle as Dominguez completed a legal right turn into 191st Street. The complaint alleged that Foisy's negligence was the direct and proximate cause of Dominguez's injuries and damages.
Defense
Foisy filed an answer and demand for jury trial on June 22, 2023. Foisy admitted the allegations regarding his residency in Vonore, Tennessee, his operation of the 2014 BMW at the time of the accident, and that venue was proper in Miami-Dade County. Foisy denied the allegations regarding the jurisdictional amount, his negligence, and the nature and extent of Dominguez's injuries, and demanded strict proof at trial.
Foisy raised several affirmative defenses. The defense asserted that Dominguez received or would receive payment from collateral sources, including personal injury protection payments, and that the Defendant was entitled to a set-off or reduction of any judgment by those amounts. The defense also argued that Dominguez was barred from recovery under the Florida No-Fault Statute, Section 627.737.
The defense further asserted that Dominguez was negligent at the time and place of the accident and that his negligence was either the sole legal cause of his injuries and damages, barring his recovery entirely, or a contributing legal cause that should reduce his recovery in direct proportion to his fault.
In a separate affirmative defense, Foisy contended that the vehicle owner, Sanislava Slavova Undzheiva, was negligent for allowing Dominguez to operate Undzheiva's 2016 Toyota SUV at the time of the collision and was vicariously liable for Dominguez's injuries and damages. The defense also asserted entitlement to a set-off for medical bills written off by medical providers pursuant to Dominguez's contracts with health insurance or maintenance organizations or reduced upon his acceptance of payments from Medicare or Medicaid.
Jury Verdict
The jury returned its verdict on August 29, 2025. The jury found that Foisy was negligent and that his negligence was a legal cause of loss, injury, or damage to Dominguez. The jury found that Dominguez was not negligent. Because the jury found no contributory negligence on the part of Dominguez, no fault allocation was required.
The jury determined that Dominguez sustained a permanent injury within a reasonable degree of medical probability as a result of the accident. The jury awarded $180,000 in past medical expenses and $20,000 in future medical expenses. The jury also awarded $35,000 for past pain and suffering, physical impairment, mental anguish, inconvenience, and loss of capacity for the enjoyment of life, and $35,000 for the same categories of damages in the future. The jury's total damages award was $270,000.
Judge Beatrice Butchko Sanchez entered a final judgment on September 2, 2025, ordering that Dominguez recover $270,000 from Foisy. The judgment provided that the amount would bear interest at the rate of 9.15% per year in accordance with Florida Statute 55.03 until paid in full. The Court reserved jurisdiction to determine taxable costs to the prevailing party. The case was closed as to all parties.
