Setting the Scene
On June 5, 2020, a car crash occurred at the intersection of NW 36th Street and NW 42nd Avenue in Miami-Dade County, Florida. The Plaintiff, a local resident, drove her vehicle legally and safely. At the same time, Frank Lee Williams II, an employee of a Florida political subdivision, operated a government-owned vehicle with permission. Their paths crossed at this busy intersection.
What Went Wrong
Williams drove the government vehicle while performing job duties. He failed to handle the vehicle with reasonable care. His negligent driving caused a collision with the Plaintiff’s car. The Plaintiff complied with Florida law on suing public entities. She gave proper notice under Florida Statute §768.28(6) before filing this suit.
The Aftermath
The crash left the Plaintiff with serious physical injuries. She endured ongoing pain, disfigurement, and emotional distress. Her ability to enjoy life diminished. The accident also worsened a prior condition. She required medical attention, hospitalization, and ongoing care.
The Cost of Harm
The Plaintiff faced financial and personal losses. She paid for treatment and lost income. Her future earning capacity declined. Her vehicle sustained damage and lost value. The toll on her health and finances is both immediate and lasting.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Pedro Bigorra
Counsel for Plaintiff: Michael Olowu | Jonah M. Wolfson | Diana Usten
Defendant: Miami-Dade County
Counsel for Defendant: Benjamin A. Gellis | Keri Bagala | Korissa Lepore
Expert Witness for Defendant: Jonathan Gottlieb | John Nordt
The Legal Demand
The Plaintiff brought a negligence claim against the Defendant. She requested a jury trial and full compensation. Her complaint included a summons, interrogatories, and a request for production of documents from the Defendant.
Defense
Miami-Dade County raised several defenses in response to Pedro Bigorra’s negligence claim. First, the County invoked sovereign immunity, arguing that the Plaintiff failed to comply with the pre-suit notice requirements under Florida Statute § 768.28(6). Specifically, the County alleged the Plaintiff did not provide essential information, including date of birth, place of birth, social security number, and information about any unpaid claims, which are required for a valid notice of claim.
The County also asserted comparative negligence, claiming the Plaintiff’s own negligence contributed to the incident, potentially reducing or barring recovery. Additionally, the County stated its vehicle was responding to an emergency at the time of the crash, and the Plaintiff failed to yield as required under Florida Statute § 316.126(1)(a). The County further sought set-offs for any payments made to the Plaintiff from personal injury protection (PIP) benefits, collateral sources, or debts owed by the Plaintiff to government entities. Lastly, it claimed the Plaintiff failed to mitigate damages, which should reduce any awarded recovery.
Jury Verdict
On May 21, 2025, the jury returned a verdict in favor of the Defendant, Miami-Dade County, finding that the County was not liable for the damages claimed by Plaintiff Pedro Bigorra. The jury determined that either the County was not negligent or that the Plaintiff’s own actions contributed significantly to the incident, thereby barring recovery under the principles of comparative negligence. As a result, judgment was entered in favor of Miami-Dade County, and the Plaintiff was awarded no damages.