Case Overview
Alfredo Gadala filed a lawsuit against Libia Scheller in Miami-Dade County, Florida, on March 21, 2023. Both parties reside in the county. The case arose from a bicycle collision that took place on November 2, 2022, in Key Biscayne. A default judgment was entered against Scheller after she failed to respond to the complaint.
Incident Details
Gadala was riding his bicycle southbound on Crandon Boulevard, with Scheller riding just ahead in the same direction. According to the complaint, Scheller lost control of her bike and fell, causing Gadala to crash into her.
Injuries Sustained
As a result of the collision, Gadala suffered serious and permanent injuries. He endured physical pain, disfigurement, and mental anguish. His injuries significantly impacted his daily life, physical functioning, and required ongoing medical care.
Damages
Gadala sought damages in excess of $50,000. His claims included compensation for medical expenses, lost wages, diminished earning capacity, emotional distress, and future medical treatment. His legal team also requested a jury trial and full reimbursement of legal costs.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Alfredo Gadala
Counsel for Plaintiff: Kelly D. Hancock
Expert Witness for Plaintiff: David Sack | Philipp N. Streubel | Cedric J. Ortiguera | Fracisco Rubio | Elivabeth A. Ouellette
Defendant: Libia Scheller
Claims
Negligence
The Plaintiff, Alfredo Gadala, claimed that the Defendant, Libia Scheller, owed a duty to operate her bicycle safely and with due care. He alleged that she breached that duty by negligently operating her bicycle and falling into his path, which caused a collision. As a direct result of this negligence, Gadala sustained permanent bodily injuries.
He further claimed damages for pain and suffering, disability, physical disfigurement, mental anguish, and loss of enjoyment of life. Additional losses included past and future medical expenses, loss of earnings, diminished earning capacity, and the aggravation of a pre-existing condition.
Motion for Default Judgment and Verdict
The Plaintiff, Alfredo Gadala, filed a Motion for Default Judgment against the Defendant, Libia Scheller, due to the Defendant’s failure to file a required responsive pleading. The Defendant had been personally served with the Plaintiff’s Complaint on March 16, 2024, but did not respond within the time prescribed by law.
As a result, the Plaintiff requested that the Court enter a default judgment and award damages, costs, interest, attorney’s fees, and any other appropriate relief. Upon review, the Court found that the Defendant had failed to plead or otherwise defend the action as required under Florida Rule of Civil Procedure 1.500(b). Accordingly, the Court entered an Order of Default against Defendant Libia Scheller.
Jury Verdict
On February 26, 2025, following a trial on damages, a jury returned a verdict in favor of the Plaintiff, Alfredo Gadala, in his personal injury case. The jury found that the Defendant’s negligence in causing a bicycle collision resulted in significant and permanent injuries to the Plaintiff.
The jury awarded Mr. Gadala a total of $950,000 in damages, encompassing past and future medical expenses, pain and suffering, disability, and other related losses. The Plaintiff was awarded the full amount of damages sought, and judgment was entered in his favor, bringing the case to a close.
