Case Background
Martin Perez Vasquez, a resident of Monroe County, filed a lawsuit against Miami-Dade County. The complaint arose from an incident involving a county-owned vehicle. The vehicle, a 2019 Chevrolet Malibu, was driven by Julio Fernandez. At the time, Fernandez was acting within the scope of his employment with Miami-Dade County.
Cause
On January 4, 2021, Fernandez operated the county vehicle near US1 and 312th Street in Miami-Dade County. Fernandez allegedly failed to use reasonable care while driving. He struck Martin Perez Vasquez, who was crossing as a pedestrian. The county owned the vehicle and permitted Fernandez to use it. Plaintiff asserted that Miami-Dade County was liable under respondeat superior and the dangerous instrumentality doctrine.
Injury
The impact caused physical injuries to Perez Vasquez’s body and limbs. He experienced pain, suffering, and emotional distress. The incident left him disabled and disfigured. His quality of life declined, and he struggled with daily activities. Medical care and rehabilitation became necessary. He lost time from work and faced challenges earning future income. An existing condition reportedly worsened.
Damages
Perez Vasquez sought damages for past and future pain, disability, and emotional harm. He claimed costs for hospitalization and medical treatment. Lost wages and reduced earning capacity also formed part of the demand. The complaint requested compensation for life enjoyment lost and for continued impairments. A jury trial was demanded on all triable issues.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Martin Perez Vasquez
Counsel for Plaintiff: David Lloyd Perkins
Expert Witness for Plaintiff: Fred Davidson | James Shaw | Giselle M. Hernandez | Richard Glosser | Ian Cote
Defendant: Miami-Dade County
Counsel for Defendant: Keri Bagala | Korissa Lepore
Expert Witness for Defendant: Mark Sinnreich | Teri Stockham | Jim Mulkay | Rosa Figueroa | Ming Xiao
Claims
Negligence and Carelessness
Miami-Dade County bore responsibility for the actions of its employee, Julio Fernandez. Miami-Dade County accepted the risk of entrusting Fernandez with the vehicle and became liable under the doctrines of respondeat superior and dangerous instrumentality. The collision directly resulted from Fernandez’s failure to operate the vehicle with care.
Physical and Emotional Injuries
The crash injured Perez Vasquez’s body and extremities. He suffered pain, emotional distress, and loss of physical function. His condition worsened, and he struggled with daily activities. Medical professionals treated him for disabling injuries, some of which appeared permanent.
Economic Damages
Perez Vasquez incurred significant medical expenses. He lost wages and faced reduced earning capacity. His treatment required time away from work. The injuries imposed long-term financial strain and created ongoing costs.
Compensation
Perez Vasquez pursued full compensation for his physical, emotional, and financial damages. He demanded a jury trial to resolve all triable issues.
Defense
Miami-Dade County denied all material allegations of liability and negligence in the plaintiff’s complaint. It admitted that Julio Fernandez operated a county-owned vehicle on the date and location stated but denied that any negligent conduct caused the incident. The County further argued that the plaintiff failed to meet statutory conditions precedent to filing suit, specifically under Section 768.28, Florida Statutes. It claimed sovereign immunity and stated it could not be held liable under the dangerous instrumentality doctrine. The County also denied that the plaintiff met the no-fault threshold required for recovering non-economic damages and asserted its right to various statutory set-offs for benefits received from collateral sources.
In addition, the County raised several affirmative defenses focused on the Plaintiff’s conduct. It alleged that the Plaintiff’s own negligence, such as failing to exercise reasonable care for his safety and voluntarily assuming the risk, either caused or contributed to the incident. The County also contended that the Plaintiff failed to mitigate his damages and that any recovery should be reduced accordingly. Finally, it asserted that the Plaintiff was impaired by alcohol at the time of the accident and, being more than 50% at fault, was barred from recovery under Section 768.36, Florida Statutes.
Jury Verdict
On February 7, 2025, the jury returned a verdict in favor of the Defendant, Miami-Dade County. After considering all evidence and arguments, the jury found that the County was not liable for the injuries claimed by the Plaintiff, Martin Perez Vasquez. As a result, the Plaintiff did not recover any damages in the case.
