Case Background
The legal dispute began following a motor vehicle versus pedestrian collision that occurred on November 12, 2021. Kalvin Morrell, the Plaintiff, walked across the loading and unloading zone at the front door of the TownPlace Suites Hotel located at 4801 Lenoir Avenue in Jacksonville, Florida. During this time, Flavia Araujo operated a Kia vehicle on the hotel premises. The incident occurred when Araujo’s vehicle collided with Morrell while he was rightfully on the property as a pedestrian.
Cause
The primary cause of the action centered on the negligence of Flavia Araujo. Morrell alleged that Araujo failed to maintain or operate her vehicle with reasonable care, which led directly to the collision in the hotel's loading zone. Because the incident happened while Morrell was a pedestrian in a designated pedestrian area, he sought to hold Araujo accountable for the resulting damages.
Injury
As a direct result of the impact, Kalvin Morrell suffered significant bodily injuries. These injuries led to physical pain and suffering, disability, and mental anguish. The collision further caused him to lose his capacity for the enjoyment of life and required extensive medical and nursing care, including hospitalization. Some of these physical impairments involved the aggravation of previously existing medical conditions. The jury eventually determined that these injuries were permanent in nature.
Damages Sought
Morrell filed the lawsuit seeking compensation for damages exceeding $30,000, excluding additional costs such as interest and attorney's fees. His claim covered past and future medical expenses, as well as non-economic damages for his ongoing physical and mental suffering. He demanded a judgment that would address the permanent and continuing losses he expected to endure for the rest of his life.
Key Arguments and Proceedings
The litigation involved multiple parties as Morrell attempted to establish liability not only for the driver but also for the corporate entities he believed were responsible for her actions. After Morrell initiated the suit in May 2022, the Defendants responded to the allegations. The case eventually proceeded to a jury trial in March 2026 to resolve the disputes regarding negligence and the extent of the damages.
Legal Representation
Plaintiff(s): Kalvin Morrell
· Counsel for Plaintiff(s): Jeffrey R. Bankston | Alexander H Longo
· Expert for Plaintiff: Mark S. Frisk
Defendant(s): Flavia Araujo, Champion Hotels and Development Company of Oklahoma, LLC, and Orgam Enterprises, LLC (doing business as Holiday Inn Express Jacksonville South Bartram Park)
Counsel for Defendant(s): Marcia Davis | Brent Hartman | Therese Jean Adipietro | Thomas Christopher Allmond | Matthew Daniel Miller | Samuel Sydney Lewis | Kristina Anne Sargent | Shaun Robert Koby | Kristoffer Rajendra Budhram | Tosha Danelle Fernandez | Hagen P Brody | Paul Christopher Repper, Jr | Alison H Sausaman
Claims
Morrell structured his complaint into three specific counts to target different potential sources of liability. In the first count, he alleged that Flavia Araujo’s direct negligence in operating her Kia caused the accident. He argued that she had a duty to operate her vehicle safely and that her failure to do so led to his permanent injuries.
In the second count, Morrell targeted Champion Hotels and Development Company of Oklahoma. He claimed that Araujo acted within the course and scope of her employment or agency with this company at the time of the collision. He further argued that her conduct furthered the interests of the hotel company, making them legally responsible for her negligence.
The third count focused on Orgam Enterprises, LLC, doing business as Holiday Inn Express Jacksonville South Bartram Park. Morrell alleged that Araujo was also an agent, employee, or independent contractor for this entity. Similar to his claims against Champion Hotels, he argued that Orgam Enterprises should be held liable because Araujo’s driving was motivated by the company's business interests.
Defense
Champion Hotels and Development Company of Oklahoma filed a formal answer that denied nearly all of the Plaintiff's primary allegations. The company specifically denied that Flavia Araujo was its employee or agent. They argued that even if she were found negligent, she was not operating her vehicle within the scope of any employment or agency relationship with them at the time of the accident.
The defense raised several affirmative defenses to shield the company from liability. They asserted that no legal relationship existed between the company and Araujo that could serve as a basis for legal liability. Furthermore, they stated that they had no legal relationship with Kalvin Morrell himself. The company maintained that Araujo was not an employee, agent, or even an independent contractor for them when the accident occurred. Ultimately, they argued that the Plaintiff had no valid legal theory to establish any liability against the corporate entity.
Jury Verdict
The jury reached a final decision on March 25, 2026. After considering the evidence, the jurors found that Flavia Araujo was indeed negligent. They concluded that her negligence was the legal cause of the loss, injury, and damage sustained by Kalvin Morrell. The jury also determined that Morrell’s injuries resulting from the collision were permanent.
The jury awarded specific monetary damages to compensate Morrell for his medical expenses. They awarded him $78,542.15 for medical expenses he had already incurred in the past. Additionally, they awarded $50,000.00 to cover the medical expenses he is expected to face in the future as a result of the incident. The total verdict for medical damages amounted to $128,542.15. The foreperson, Calle Sotter, signed the verdict form to finalize the jury's findings.
Court Documents
