Brian S. v. Air Conditioning Company, pedestrian v. motor vehicle, spiral fractured femur, traumatic brain injury.

Brian S. was a four-year-old child at the time that his life was tragically changed due to the negligence of and air conditioning technician that was speeding on his way home from work on a country road in Polk County, Florida outside of Tampa and Lakeland. Brian went across the street in front of his house to fetch a baseball that he missed in a game of catch with his older brother. The family lived along a mile long straightaway on a country road. He retrieved the baseball and on his return trip across the street the driver of an air conditioning repair truck struck him going 60 mph in a 30 mph zone on wet roads.

Brian’s little body was carried over 120 feet on the hood of the van before he bounced off onto the roadway. He sustained a broken right femur (spiral fracture) and a closed head injury that was diagnosed as a serious concussion. Emergency services were called and Brian was airlifted to a hospital in Tampa Florida where he recuperated from his injuries for several weeks. Brian’s broken leg healed but one leg was permanently shorter than the other leg and he had pain in his knee. Further, Brian was left with memory problems and headaches that plagued him for years after the accident and was eventually diagnosed as a mild traumatic brain injury by his treating doctors.

Brian’s family contacted Sam Coffey to help them. Sam Coffey filed a lawsuit on behalf of Brian and his family to recover money damages for the negligence of the air conditioning technician. The defendant blamed Brian’s mother saying that she should have been watching her son more closely. Sam Coffey countered that while the defendant has a right to attempt to “blame the victim” but that this would not excuse the gross negligence of the truck driver that was doing twice the speed limit on a country road where children live and were known to play.

A neuropsychologist and a pediatric neurologist were retained as expert witnesses in addition to the orthopedic surgeon that repaired Brian’s broken leg to present evidence at trial. After hours on the Friday night before trial was to commence on Monday morning the defendant finally offered enough money to resolve this case. The defendant demanded confidentiality as to the amount of the settlement and the identity of the defendant. Monies were invested in a structured settlement to secure Brian’s future.

Sam Coffey is a personal injury lawyer representing individuals and families to recover for serious personal injuries and wrongful death. The types of claims that he handles include automobile negligence, trucking accidents, dramatic brain injury, spinal cord injury, partial ability, aviation disasters, maritime claims and carbon monoxide claims. He is represented individuals and families that reside in the communities of North Miami, Aventura, Hialeah, Coral Gables, South Miami, South Beach, North Miami Beach, Miramar, Margate, Hallandale, Dania Beach, Hollywood, Fort Lauderdale, Pembroke Pines, Cooper City, Sunrise, Margate, Coral Springs, Parkland, Lighthouse Point, Pompano Beach, Deerfield Beach, Wilton Manors, Boca Raton, Southwest ranches, West Palm Beach, Rivera Beach and Jupiter.