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Home > Law Advice > Drunk Driving > Florida Jury Awards 330 Million To Family Of Child Killed In Dui
Drunk Driving
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Florida Jury Awards $330,000,000 To Family Of Child Killed By Drunk Driver

A Florida jury awarded $330 million to the family of a child killed by a drunk driver in April 2007. It is thought to be one of the largest DUI (driving under the influence) verdicts in U.S. history. The award includes $275 million in punitive damages as the driver's blood alcohol level was over twice Florida's legal limit.

Florida DUI lawsuit

This record Florida DUI lawsuit involves the tragic death of 13 year old child. According to news reports, Shelby Taylor Hagman was a passenger in her grandparent's Kia Sedona minivan when a pickup truck ran a stop sign at over 60 miles per hour and smashed into the passenger side of their van. The driver of the truck, Christopher Marcone, had a blood alcohol content (BAC) level of .207, which is more than twice the legal limit of .08 in Florida.

Although both of her grandparents survived, Shelby suffered severe head injuries due to the tremendous impact of the truck and from the Sedona's seatbelt system malfunctioning. She had to be air lifted to Tampa General Hospital where doctors told her family that she had no chance of every recovering from her injuries. Her family withdrew life support the very next day.

Florida DUI verdict

Marcone was sentenced to 13 years in prison for DUI manslaughter – one year of punishment for each year Shelby was alive. A jury also awarded Shelby's family $330 million – $55 million in compensatory damages and another $275 million in punitive damages – to send a message that drunk driving simply won't be tolerated in Florida.

Florida defective seatbelt lawsuit

The family's drunk driving lawyer is also planning to file a defective seatbelt lawsuit against the Kia Motor Company alleging that the Sedona's seatbelt system malfunctioned and was partially responsible for Shelby's death.

Injuries sustained in car accidents or truck accidents are often exacerbated by vehicles with defective seat belt restraint systems. Manufacturers are responsible for making sure that those systems work, have been correctly installed and can be held liable when they breach those duties of care.

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