An Ordinary Day Turned Unexpected
On February 27, 2019, around 2:11 p.m., Florence Mueller rode as a passenger in a 2017 Jeep. The vehicle stopped at a red light near Northeast 15th Street and North Bayshore Drive in Miami. Officer Kennht Brito followed in a 2016 Ford Taurus. The City of Miami owned the vehicle she drove.
A Preventable Mistake Behind the Wheel
While the Jeep remained stopped, Officer Brito allegedly became distracted. She texted while driving, took her foot off the brake, and let the car roll forward. The Ford struck the rear of the Jeep. The collision, according to the complaint, resulted from Brito’s failure to drive safely and pay attention.
Lasting Effects on the Passenger
Mueller sustained physical injuries. She experienced pain, disability, and a worsening of a prior condition. She sought medical care and rehabilitation. Her injuries limited her physical ability and reduced her quality of life. The effects, the lawsuit claimed, continued and could be permanent.
Damages That Followed
Mueller claimed damages for medical expenses, physical suffering, and emotional distress. She also sought recovery for loss of enjoyment of life. The total claimed damages exceeded $30,000, not including interest or legal costs.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Florence Mueller
Counsel for Plaintiff: Joseph P. Discepola | Christopher W. Royer
Defendants: Kennht Brito | City of Miami
Counsel for Defendants: Robert C. Buschel | Kenny Vixama | Brandon L. Fernandez
Expert Witness for Defendants: Sophia E. Deben | Ming Xiao
Legal Allegations Against the Defendants
In Count I, Mueller claimed Officer Brito acted negligently. She alleged Brito failed to maintain a safe distance, obey traffic laws, and avoid distracted driving.
In Count II, Mueller held the City of Miami responsible. The city employed Brito and owned the vehicle. Mueller argued that Brito acted within the scope of her job, making the city liable under Florida law.
Mueller demanded a jury trial to resolve the claims.
Defense
The Defendants, Kennht Brito and the City of Miami, raised several affirmative defenses in response to the negligence claims. They asserted that the incident resulted from the unforeseen actions of third parties and conditions beyond their control, not their own negligence. They also claimed that the Plaintiffs failed to mitigate damages and that any injuries or losses sustained were either unrelated to the incident, caused by pre-existing or subsequent conditions, or compensated by collateral sources, entitling the Defendants to applicable set-offs under Florida law, including Fla. Stat. §§ 768.76 and 641.3154.
Additionally, the Defendants argued that the Plaintiff did not suffer a permanent injury, which bars recovery of non-economic damages under Florida’s No-Fault law (Fla. Stat. § 627.737). The City of Miami invoked sovereign immunity protections under Fla. Stat. § 768.28, limiting potential liability to $200,000 per claim and $300,000 per occurrence. They also stated that the Dangerous Instrumentality Doctrine does not apply to municipalities and that the Plaintiffs failed to satisfy pre-suit notice requirements. Furthermore, the Defendants reserved the right to place a non-party, Kerri Cassedy, on the verdict form as a Fabre defendant, arguing she may share fault for the incident.
Jury Verdict
On January 16, 2025, the jury returned a verdict in favor of the Defendants, Kennht Brito and the City of Miami, finding that neither Defendant was negligent or legally responsible for any damages alleged by the Plaintiff, Florence Mueller. As a result, the jury awarded no damages, and judgment was entered for the Defendants.
