Incident Overview
On October 15, 2022, Erika Jarmila Thomas drove through Miami-Dade County, Florida, near southbound Interstate 95 and Northwest 81st Street. At the same time, Brian Lee Shechtman also operated a vehicle in the same area. Both individuals resided in Miami-Dade County. The incident took place within the jurisdiction of the local court, and venue was deemed appropriate based on the location of the events.
What Caused the Lawsuit
According to the complaint, Shechtman failed to operate or maintain his vehicle safely. The Plaintiff claimed he did not control the vehicle properly. As a result, his vehicle collided with the one Thomas drove. She alleged that Shechtman acted negligently and carelessly at the time of the crash. The Plaintiff filed suit, arguing that the defendant breached his duty to drive responsibly and avoid harm to others on the road.
Injuries from the Crash
The collision caused Thomas to suffer serious and lasting injuries. The complaint stated her injuries were permanent within a reasonable degree of medical probability. She experienced physical pain, impairment, and scarring. The injuries reportedly aggravated pre-existing conditions. Thomas also cited disability and a diminished ability to enjoy life. Her condition interfered with daily activities and required ongoing medical attention.
Financial and Emotional Impact
As a result of the crash, Thomas incurred expenses related to hospitalization, nursing care, and medical treatment. She also reported lost earnings and a reduced ability to earn income in the future. The complaint described the harm as continuing and permanent. Beyond physical issues, Thomas also claimed emotional distress and disruption to her lifestyle and overall well-being.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Erika Jarmila Thomas
Counsel for Plaintiff: Meranda Reifschneider | Peter R. Hunt | Ramon Oscar Crego | Andrew A. Harris
Defendant: Brian Lee Shechtman
Counsel for Defendant: Mai-Ling Castillo | Warren Kwavnick
Legal Claim and Jury Demand
Thomas brought one count of negligence against Shechtman. She alleged that his failure to maintain control of his vehicle directly caused the crash and her injuries. She sought damages exceeding $50,000, along with interest, costs, and any further relief the court found just. In addition, Thomas formally requested a jury trial on all matters eligible for jury determination.
Defense
Brian Lee Shechtman, the Defendant, responded to Erika Jarmila Thomas’s complaint by admitting some factual allegations but denying key claims regarding negligence and injury. He also raised several affirmative defenses. Shechtman argued that Thomas failed to wear a seatbelt at the time of the accident, contributing to the severity of her injuries. He claimed this failure either barred or reduced her right to recover damages. Additionally, he stated that Thomas had or would receive payments from collateral sources, such as insurance or personal injury protection benefits, entitling him to a setoff from any judgment awarded.
Further, Shechtman asserted that Thomas’s own negligence caused or contributed to the accident and her injuries. He argued that she failed to mitigate her damages and suggested a phantom vehicle may have played a role. He also cited Florida’s No-Fault and Financial Responsibility statutes, and challenged the recoverability of certain medical expenses—particularly those involving write-offs, insurance adjustments, or treatment under Letters of Protection—citing noncompliance with disclosure rules under Florida Statute §768.0427.
Jury Verdict
In the case of Erika Jarmila Thomas v. Brian Lee Shechtman , the jury in the Eleventh Judicial Circuit, Miami-Dade County, found the defendant negligent. As a result the jury awarded Erika Jarmila Thomas a total of $2,856,231.15 in damages, covering past and future medical expenses as well as compensation for pain and suffering, mental anguish, and loss of enjoyment of life.