Case Background
Antonio Pagan filed a personal injury lawsuit on January 26, 2023, in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida. The lawsuit arose from a motor vehicle collision on December 6, 2021, in Orlando. Pagan, a resident of Orange County, sued Dwight Benjamin Herman, also a resident of the county, and Herman's employer, JJ's Waste & Recycling, LLC, which the complaint described as a foreign corporation authorized to conduct business in Orange County and engaged in regular business activity in the State of Florida. The case reached a jury verdict in June 2025.
Cause
According to the complaint, Pagan sat stopped at a red light on Dean Road at its intersection with Colonial Drive in Orlando. Herman drove a 2021 Mack truck directly behind him at the same intersection. Pagan alleged that Herman worked for JJ's Waste & Recycling at the time and operated the truck within the course and scope of that employment. He claimed that Herman negligently operated the truck so that it collided with his vehicle.
Injury
Pagan alleged that the crash caused him bodily injury, including a permanent injury to the body as a whole. He described physical and mental pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of capacity for the enjoyment of life. He also claimed the collision aggravated an existing condition and activated a latent medical condition. He stated that he incurred hospitalization and medical care expenses, lost earnings, and lost the ability to lead and enjoy a normal life. He said the losses were either permanent or continuing, and that his motor vehicle sustained damage as well.
Damages Sought
Pagan sought damages exceeding $50,000, exclusive of costs, interest, and attorneys' fees, and demanded a trial by jury on all issues.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Antonio Pagan
Counsel for Plaintiff: Jonathan D. Thomson, Esq.
Experts for Plaintiff: David Panzer | Andrew Akerman | Mary Jane Ward | Adlin Ruiz Becerra | Ky Chung | Paola Gonzalez | Genova Quiles Colon | Kathleen Rooney | Edgardo A. Agrait-Bertran | Jose Pizarro | Anisa Andoni | Enrique Umpierre | Ali Malik | Michael S. Slobasky | Pedro Salcedo | Zoe Gonzales-Rabathaly
Defendants: Dwight Benjamin Herman and JJ's Waste & Recycling, LLC
· Counsel for Defendant Herman: William Linero, Jr., Esq., | Brad Kandzer, Esq.
· Counsel for Defendant at Final Judgment: Michael J. Merrill, Esq | Andrews Biernacki Davis, Orlando, Florida (listed on the final judgment's certificate of service)
Key Arguments or Remarks by Counsel
Claims
Pagan brought two counts. In Count I, he claimed negligence against Herman, alleging that Herman negligently operated the 2021 Mack truck and caused the collision. In Count II, he claimed vicarious liability against JJ's Waste & Recycling, alleging that Herman acted as the company's employee, agent, and servant within the course and scope of his employment, and that the company was therefore vicariously liable for Herman's conduct.
Defense
Herman filed his answer and affirmative defenses on April 19, 2023. He admitted that he operated the 2021 Mack truck directly behind Pagan at the intersection on December 6, 2021, and admitted that he was employed by JJ's Waste & Recycling within the course and scope of that employment. He admitted venue for venue purposes only. He denied that Pagan was stopped at a red light, denied the negligence allegations, and denied that his conduct caused the injuries described. He stated he was without knowledge of several other allegations and therefore denied them.
Herman raised thirteen affirmative defenses. He argued that Pagan's own negligence was the sole and proximate cause of any damage, or that Pagan was at least comparatively negligent. He pointed to the possible fault of third parties, cited section 768.31 and Fabre v. Marin, and invoked section 768.81, Florida Statutes, on apportionment of liability.
Herman claimed that Pagan failed to mitigate his damages and that collateral sources such as health insurance, Medicaid, or Medicare had paid or were payable toward his medical expenses, citing Goble v. Frohman, 901 So. 2d 830 (Fla. 2005). He contended that the medical charges exceeded the usual, customary, and reasonable amounts for the area, that some treatment was neither reasonable nor necessary, and that Pagan was entitled to free or low-cost medical care for which Herman claimed a set-off. He argued that Pagan's injuries did not meet the threshold under section 627.737, Florida Statutes.
Herman further contended that Pagan's complaints stemmed from a pre-existing condition and not from any act or omission on his part. He claimed the incident was an unavoidable accident beyond anyone's foresight or expectation. He also argued that Pagan had a seat belt available, failed to use it, and that his damages should be reduced accordingly.
Jury Verdict
The jury returned its verdict on June 19, 2025, and the clerk filed the verdict form in open Court on June 23, 2025. The jury found that Herman was negligent and that his negligence was a legal cause of loss, injury, or damage to Pagan. It also found that Pagan was negligent and that his negligence was a legal cause of his own loss, injury, or damage.
The jury apportioned fault equally, assigning 50 percent to Defendant Dwight Benjamin Herman and 50 percent to Plaintiff Antonio Pagan.
The jury awarded $15,000 for Pagan's past medical expenses. It found that Pagan did not sustain a permanent injury within a reasonable degree of medical probability as a result of the December 6, 2021, collision. Because the jury answered "No" to the permanent-injury question, it did not reach the question on damages for pain and suffering, physical impairment, mental anguish, or loss of capacity for the enjoyment of life. The verdict form listed total damages of $15,000.
On September 17, 2025, the Court entered final judgment pursuant to the jury verdict, the Defendants' motion for collateral source setoff and entry of final judgment, the record evidence, legal authorities, and the agreement of the parties. The Court ordered that Pagan recover $1,370.15 against the Defendants, with interest at the legal rate under section 55.03, Florida Statutes. The reduction from the $15,000 jury award reflected the 50 percent apportionment of fault to Pagan and the collateral source setoff; the judgment did not itemize the setoff calculation. The Court reserved jurisdiction over taxable fees and costs under Rule 1.525, Florida Rules of Civil Procedure, and sections 44.103 and 57.041, Florida Statutes. Circuit Court Judge Michael Deen signed the final judgment.
Court Documents
