Case Background
On March 4, 2023, Stephanie Johnson and Jose Figueroa waited at a bus stop along NW 79th Street in Miami-Dade County. At the same time, Nicolas Caprile drove a vehicle owned by AFA Towing & Recovery, LLC, eastbound on the same road. The vehicle left its lane and struck both pedestrians.
Johnson and Figueroa claimed the impact caused serious physical injuries. They alleged Caprile failed to drive with reasonable care and that AFA Towing was vicariously responsible as the vehicle’s owner and Caprile’s employer or principal.
Cause
The Plaintiffs accused Caprile of negligent driving. They said his careless handling of the tow company’s vehicle caused it to collide with them while they stood at the bus stop.
Injury
Johnson claimed she suffered permanent bodily injuries. She described her losses as physical pain, mental anguish, disability, disfigurement, and reduced capacity to enjoy life. She also said she needed hospitalization, ongoing medical care, and faced future loss of earnings.
Figueroa alleged similar injuries and long-term effects from the same collision.
Damages
Johnson asked for compensation for medical expenses, lost income, and reduced earning capacity. She also sought damages for pain, suffering, and loss of enjoyment of life, both past and future.
Key Arguments and Proceedings
Plaintiff’s Position
Johnson and Figueroa’s legal team argued that Caprile lost control of the vehicle and struck them without warning. They emphasized that Johnson’s injuries were permanent and life-changing. They said AFA Towing bore full responsibility because Caprile operated its vehicle in the course of employment.
Defense’s Position
Caprile and AFA Towing denied negligence. Their attorneys argued that Johnson and Figueroa’s injuries were caused by other factors, not the accident. They suggested that an unidentified third-party driver cut Caprile off, forcing him to swerve and lose control. The defense also raised claims of comparative negligence, saying the Plaintiffs contributed to their own injuries.
The defense further contended that Johnson’s medical expenses were inflated and possibly tied to pre-existing conditions. They asserted she failed to mitigate her damages and that any treatment under letters of protection exaggerated the costs.
Legal Representation
Plaintiff(s): Stephanie Johnson | Jose Figueroa
· Counsel for Plaintiffs: Nicholas Borrego | Curt Obront
· Experts for Plaintiffs: Jorge Rocha | Spencer Barnhill | Shawn Eugene Boomsma
Defendant(s): Nicolas Caprile | AFA Towing & Recovery, LLC
· Counsel for Defendants: Daniel J. Klein | Gregory L. Pandolfo
· Expert for Defendants: Elliot N. Lang
Claims
Negligence Against Caprile
Johnson and Figueroa each filed negligence claims directly against Caprile, stating he drove without due care and struck them while they stood lawfully at a bus stop.
Vicarious Liability Against AFA Towing
Both Plaintiffs claimed AFA Towing was responsible because Caprile drove its vehicle with consent and within the scope of his duties. Under Florida’s dangerous instrumentality doctrine, the company was liable for any negligence by its driver.
Defense
The defense denied liability and raised multiple defenses:
Plaintiffs’ injuries were caused by their own negligence.
A third-party vehicle forced Caprile into evasive action, breaking the chain of causation.
Plaintiffs assumed the risk and knew of potential hazards.
Injuries were pre-existing or unrelated to the incident.
Plaintiffs failed to mitigate damages.
Medical expenses under letters of protection were unreasonable.
If Plaintiffs were impaired by drugs or alcohol, they could not recover damages under Florida law.
Jury Verdict
On July 2, 2025, the jury ruled in favor of Stephanie Johnson against both Defendants. The jury found that negligence by Caprile and AFA Towing legally caused her injuries.
At trial, the jury awarded Johnson damages including:
· Medical Expenses: $35,000 (past) and $3,140,000 (future)
· Pain and Suffering: Substantial sums for both past and future suffering of $ 912,500
· Total Award: $5,000,000
The verdict made AFA Towing jointly liable with Caprile under Florida law.
