Firm obtains justice for victim of reckless driving

On February 18th , 2004, a Lee County Jury returned a verdict in favor of Charles Kelley, a developmentally disabled Cape Coral resident, in the amount of $5,028,518.60 for injuries suffered in an accident.

The accident happened on October 13, 2001, when Charles Kelley was on his motor scooter riding home from Publix, his employer of 23 years. Charles Kelley, born with a developmental disability described as mild mental retardation, was 46 years old at the time of the accident. Charles, wearing his helmet, was traveling in the left lane eastbound on Viscaya when the Defendant, Lawrence Gillum, backed out of his driveway onto Viscaya crossing not just one lane, but backing in reverse all the way into the second lane, striking Charles and ejecting him from his motor scooter. According to witnesses, Charles was thrown into the median due to the impact. Three independent eyewitnesses who were traveling behind Charles on his scooter testified that the Defendant never stopped or slowed as he backed down his driveway and to their surprise he backed all the way across two lanes right into the path of the motor scooter.

The eyewitnesses testified that the accident happened so fast there was nothing that Charles could do to avoid the accident. The eyewitnesses further testified that they expected the Defendant to stop at the edge of his driveway, and when he failed to do so they thought that he would simply pull into the first lane closest to his driveway. However, the witnesses testified that the Defendant just kept backing right through the first lane and all the way into the second eastbound lane. The Defendant and his wife claimed that he stopped at the edge of his driveway and looked and did not see the scooter or the two cars behind the scooter. The Defendant refused to accept responsibility for the crash, and his attorney argued to the Jury that he was not responsible for causing the accident.

Charles suffered a very severe fracture of his right hip in the accident which resulted in a total hip replacement and significant disability to him. Charles also suffered a very severe fracture of his right ankle resulting in a plate and screws being put in his lower leg. The doctors that treated Charles testified that these injuries are very serious and will result in long-term complications, including pain and arthritis.

Charles was born with a developmental disability. He attended Riverside School, a special school for the developmentally disabled. After completing school at Riverside, Charles worked in the LARC program for a few years. Shortly after that, Charles landed a job with Publix and worked as a part-time stocker in the frozen food section for over 23 years prior to this accident. Charles, who does not drive a car, drove a motor scooter back and forth to Publix for over 23 years before this accident. After the accident, Charles attempted to return to work as a stocker using a cane and pain pills but was forced to quit because he had to undergo more surgery for his hip. The developmental disability that Charles was born with limited his job opportunities to physical labor before this accident. Publix was very accomodating to him in light of his developmental disability. However, a vocational rehabilitation expert testified at the trial that when you combine the developmental disability that Charles was born with, along with the serious physical injuries that he has received as a result of this accident, he is now fully and totally disabled.

The Jury awarded Charles $1,000,000 for past pain and suffering, $2,000,000 for future pain and suffering, $368,845.81 for past medical expenses, $1,500,000 for future medical expenses, $8,808.75 for past lost wages, and $150,864 for future lost earnings. The Jury found the Defendant, Lawrence Gillum, 100% responsible for causing the accident.

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