How It Began
On August 23, 2022, Stephen Wertheimer, a Quebec resident, was driving a 2019 Dodge Ram eastbound on NE 185th Street in Miami-Dade County, Florida. At the same time, Vail Andrew Szendrei, a Florida resident, was also traveling eastbound on the same road in a 2020 Subaru Impreza. The two vehicles collided near NE 28th Court.
What Sparked the Dispute
The crash between Wertheimer’s and Szendrei’s vehicles gave rise to a legal dispute. Wertheimer alleged that Szendrei operated his vehicle negligently and failed to maintain control, resulting in the accident. He filed a negligence lawsuit seeking compensation for physical injuries and other losses. The complaint claimed Szendrei breached his duty to drive safely and reasonably under the circumstances.
The Impact
Wertheimer suffered significant bodily injuries from the collision. These injuries included permanent physical harm, pain, and medical complications. He also faced scarring, impairment, and aggravation of prior conditions. The injury altered his quality of life, limiting physical ability and daily comfort.
What’s at Stake
The lawsuit outlined various losses. Wertheimer sought compensation for medical treatment, hospitalization, and long-term care. He also claimed lost income, diminished earning potential, and emotional suffering. The damages, he argued, were both permanent and continuing, likely affecting him in the future.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Stephen Wertheimer
Counsel for Plaintiff: Sofia Jordi
Defendant: Vail Andrew Szendrei
Counsel for Defendant: Carlo Marichal | Jack R. Reiter | Sydney Feldman
Allegations on Record
Wertheimer brought a single count of negligence against Vail Andrew Szendrei. He alleged that Szendrei’s careless driving directly caused the crash and resulting injuries. Wertheimer requested a jury trial to resolve the claims and sought damages, costs, and any other relief the court found appropriate.
Defense
Vail Andrew Szendrei denied the key allegations in Stephen Wertheimer’s complaint and asserted multiple affirmative defenses. He claimed that Wertheimer’s own negligence contributed to his injuries, limiting or barring recovery under Florida’s comparative fault law. Szendrei also argued that Wertheimer’s damages may have been covered by collateral sources or were pre-existing and unrelated to the crash.
Additionally, Szendrei maintained that uncontrollable or unforeseeable circumstances contributed to the incident, not his actions. He asserted that Wertheimer failed to mitigate damages and that other, possibly unnamed, joint tortfeasors may have been at fault.
Jury Verdict
On December 19, 2024, a Miami-Dade County jury returned a verdict in favor of the Defendant, Vail Andrew Szendrei. The jury found that Szendrei was not liable for the injuries or damages claimed by the Plaintiff, Stephen Wertheimer, in connection with the August 23, 2022 automobile accident. As a result, the Court entered judgment for the Defendant, and no damages were awarded to the Plaintiff.