Significant Legal Cases of our Florida Personal Injury Lawyers at Overchuck & Associate, P.A.
Naval Petty Officer, Aaron Jenkins
Mr. Jenkins leased a Nissan 350Z in 2008 and in November of that same year his father was in an accident while driving the car. The car’s repair estimate for the damage received in this first accident was approximately $14,000.00 (40% of the car’s value). Mr. Jenkins’ insurance company, Progressive, choose Key Buick Hyundai to handle the repair work. They took three months to complete the repairs and according to the finding of the Overchuck & Associate, P.A. law firm, the repairs were not properly performed resulting in an electrical fire.
In August 2009, Mr. Jenkins, a naval petty officer, was driving home from work when he noticed a mist coming out of the air conditioning vent and he also smelled an acrid odor. After pulling over to check the engine, the odor and mist disappeared and Mr. Jenkins continued the drive home. It wasn’t long before flames began shooting into the passenger compartment of the vehicle. Mr. Jenkins was able to escape the vehicle through the driver’s side window but not without harm. He sustained burns to his upper body; arm, hand, shoulder, face and ear.
The case went to trial in April, 2011. Poor workmanship and the desire for making profit over safety are the reasons John R. Overchuck and Paul G. Byron gave to the jury for the burn injuries Mr. Jenkins sustained. The Nassau County jury awarded Mr. Jenkins approximately $156,000.00 in medical expenses and $2 million for pain and suffering. The jury found the dealership, Key Buick Hyundai at fault in the 2009 electrical fire that destroyed Mr. Jenkins vehicle and left him burned.
During this law firm’s investigation, we learned and later alleged that the original tires and wheels/rims of the Toyota Land Cruiser had been replaced with 20 inch tires and wheels/rims without any warning of the hazards associated with oversized tires and rims. The original equipment tires and wheels/rims would have been 16 inch. Due to the size and nature of Ms. Jean’s replacement tires and wheels/rims, she lost control of her Toyota Land Cruiser, traveled into a grass median and in her attempt to re-enter the highway, the vehicle rotated clock-wise still remaining upright. However at that time, the left rear wheel fractured causing the vehicle to overturn and roll onto the paved shoulder of the highway. Ms. Jean, although seat belted, was ejected while the vehicle was overturning. This ejection from the vehicle resulted in her death. Plaintiffs’ alleged that the defendants in this case did not properly warn of the hazards of placing oversized tires and wheels/rims on this vehicle; that the seat belt released during the roll sequence; and that the left rear wheel/rim was defective because there were pockets of air in the aluminum which weakened its strength and caused it to fracture. On the eve of trial, the Defendants’ settled this case with Ms. Jean’s sons.
Mr. Enriquez, father of four, was on his way home from work when the tread separated on the right rear Firestone tire on his Ford Explorer. Due to the tire’s tread separation, he was unable to control his vehicle and the vehicle skidded across the median, flipped and plowed head-on into another vehicle. The accident rendered Mr. Enriquez a quadriplegic and killed the driver of the other vehicle. The tire was the subject of one of the nation’s largest recalls. The combination of the tire and vehicle has been the subject of many lawsuits across the country. Just weeks before trial, this case was resolved to the mutual satisfaction of the parties.
Mrs. Stevic was seat belted and driving her 1999 Nissan Frontier when her vehicle was hit by another vehicle and the impact caused Mrs. Stevic’s truck to overturn multiple times. Mrs. Stevic was ejected from her truck and transported via helicopter to the hospital. This accident left Mrs. Stevic a paraplegic. Overchuck & Associate, P.A. represented Mrs. Stevic in her lawsuit against Nissan and the seatbelt manufacturer, Takata. Plaintiff alleged that the defendants installed and manufactured a seatbelt that was capable of partial engagement and the seat belt released during the rollover of the truck. This seat belt, as designed, could release and allow an occupant’s body to be propelled as if they were unrestrained. Complicating and adding to this dangerous situation was the determination that when a buckle is partially engaged, the seat belt warning light on the dash goes off leaving the driver with a false sense of security — believing the buckle is fully latched. After a lengthy discovery process, the defendants settled with Mrs. Stevic.
The Florida injury law firm of Overchuck & Associate, P.A., along with the referring law firm Jacobs and Goodman, received a jury verdict involving the electrocution and death of a 56-year-old data cable installer and father to four adult children. After seven days of trial, the jury awarded $2,875,000 to the family for their loss. In addition prior to trial the family settled with two additional defendants for confidential amounts. Moreover, before trial, the insurance company for the remaining Defendant made their largest offer of $ 60,000 to compensate the family for their loss. This offer was rejected by the family and we, Overchuck & Associate, P.A. and Jacobs & Goodman, took them to court.
Gordon v. Burdines (Sue Weaver Case)
The estate of Sue Weaver has settled its claim against Burdines and the sub-contractor for $9 million.
Robert Parrish v. Nissan
Mr. Parrish was driving a 1994 Nissan Sentra that was not equipped with an airbag. As he was traveling to the airport one evening, he ran into the back of a van that had a tire blow-out and was left in the middle of a six-lane highway with no lights. Mr. Parrish died at the scene of the accident. The Florida wrongful death law firm Overchuck & Associate, P.A. represented Mr. Parrish’s wife and children in a suit against Nissan. The plaintiff alleged that the seat belt failed and that the design of the vehicle caused Mr. Parrish’s death. Just weeks before trial, Nissan settled with Mrs. Parish and her two children.
Kristen Smith v. Chrysler I
Kristen Smith, a 14-year old girl, died when a 2000 Dodge Chrysler Grand Caravan being driven by her mother overturned and the right-side rear passenger door opened. In that suit, Smith v. Chrysler, the plaintiff alleged that despite Kristen’s use of a seatbelt, she was ejected and killed. Florida car accident law firm Overchuck & Associate, P.A. argued that Chrysler knew that the GEN-3 seat belt installed in that vehicle was defective because, based on its design, it has a tendency to inadvertently unlatch during an accident. The controversy surrounding the GEN-3 seat belt has been featured on Primetime and 20/20. The GEN-3 belt is found in many Chrysler vehicles including the Dodge Caravan, the Dodge Grand Caravan, earlier models of the Dodge Dakota and Durango, and others. Chrysler paid Kristen’s mother to settle her claim.
Martha Bradfield v. Mitsubishi
Martha Bradfield, a 46-year old woman, was killed when her Mitsubishi Montero rolled over after being “tapped” by a smaller vehicle. Overchuck & Associate, P.A. filed suit on behalf of Bradfield’s three sons, who sought to recover for the pain and suffering of losing their mother. In Bradfield v. Mitsubishi, the plaintiffs alleged Bradfield was wearing a seatbelt, which came unlatched during the rollover, and the moon-roof came off allowing her to be ejected. Mitsubishi settled the claim, paying Bradfield’s sons for their loss.
Ryan Smith v. Chrysler II
Ryan Smith, a wonderful young man, was rendered a quadriplegic when his CJ 7 Jeep rounded a corner and rolled over. John Overchuck began his work on this highly unstable vehicle almost 15 years ago. Since that time he has made recoveries for many clients catastrophically injured because of the defective design of this vehicle. Based on the extensive knowledge and experience of Mr. Overchuck in this area, the firm was able to obtain a settlement for Ryan. He is now attending law school and looking forward to his future.
Overchuck & Associate, P.A.
1503 West Smith Street
Orlando, FL 32804
Toll Free: 1-888-720-6222