Case Background
The legal dispute began following a motor vehicle accident on July 27, 2020, in Miami-Dade County, Florida. Khristian Mairena traveled through the intersection of NW 8th Street and NW 9th Street in the City of Homestead when a collision occurred. The other vehicle involved belonged to the City of Homestead and, at the time of the impact, it was operated with the municipality's consent. While the initial complaint identified the driver as Priscila Thompson, the final jury verdict recorded the driver as Bonita Brinson. Mairena alleged that the city's driver operated or maintained the vehicle in a negligent manner, which served as the direct cause of the crash.
Cause
The "cause" in this legal context refers to the specific act of negligence that triggered the incident. According to the complaint, the City of Homestead's driver negligently operated or maintained their motor vehicle at the specified intersection. The jury later confirmed this by finding that there was indeed negligence on the part of the city’s driver which acted as a legal cause of the loss and injury to Mairena.
Injury
The "injury" refers to the physical, emotional, and financial harm Mairena suffered as a result of that cause. The collision caused Khristian Mairena to suffer various significant physical and emotional damages, including:
Physical Trauma: Bodily injury, resulting pain and suffering, physical disability, and permanent disfigurement.
Emotional Impact: Mental anguish and a diminished capacity for the enjoyment of life.
Medical Consequences: The need for hospitalization and medical nursing care and treatment.
Financial and Property Loss: Loss of earnings, a reduced ability to earn money in the future, and significant damage to the Plaintiff's vehicle.
Aggravation: The accident aggravated a previously existing condition.
The jury ultimately validated these claims by awarding damages for medical expenses and pain and suffering sustained in the past, as well as those to be sustained in the future.
Damages Sought
Mairena sought a judgment for damages exceeding $30,000.00, exclusive of interest and legal costs. The request for relief focused on compensating for the past and future losses associated with medical bills, lost wages, and the intangible "non-economic" damages like pain and suffering.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Khristian Mairena
Counsel for Plaintiff(s): Ryan Scher, Esq. | Adam G. Scher, Esq.
Experts for Plaintiff(s): Thomas Riley | Liana Seldin | Micheal R. Gombosh | Roberto A. Miki
Defendant(s): City of Homestead
Counsel for Defendant(s): Eric L. Stettin | Aaron Graubert
Key Arguments or Remarks by Counsel
Claims
The Plaintiff’s legal team argued a single count of negligence against the City of Homestead. They contended that the city, as the owner of the vehicle, bore responsibility for the actions of its driver. The core of the claim rested on the assertion that Priscila Thompson failed to exercise reasonable care while driving, which served as the primary cause of the accident and Mairena’s subsequent life-altering injuries. Counsel emphasized that Mairena had fulfilled all legal prerequisites, including providing the necessary statutory notices to a government entity, before filing the lawsuit.
Defense
The City of Homestead mounted a vigorous defense, initially denying the majority of the Plaintiff’s allegations. While the city admitted it was a Florida municipal corporation, it claimed it lacked sufficient knowledge regarding Mairena’s residency or the specific details of the damages. In its affirmative defenses, the city argued that Mairena himself had acted negligently. The defense suggested that the Plaintiff's own actions were either the sole cause or a contributing factor to the accident, which should legally bar or at least reduce any financial recovery.
Additionally, the city invoked the Florida Automobile Reparations Reform Act, claiming Mairena failed to meet the necessary "permanent injury" thresholds required to recover certain damages under Florida’s no-fault laws. The defense also argued that Mairena had a legal duty to mitigate his damages essentially to take reasonable steps to minimize his losses and failed to do so. Finally, the city reminded the Court of its status as a sovereign entity, noting that under Florida Statute § 768.28, its liability was strictly capped at $200,000.00 per person.
Jury Verdict
The trial culminated in October 2025 before Circuit Court Judge Barbara Areces. After hearing the evidence, the jury deliberated and returned a verdict on October 9, 2025.
Findings of Negligence
The jury first determined that there was indeed negligence on the part of the City of Homestead’s driver identified in the verdict form as Bonita Brinson and that this negligence was a legal cause of Mairena’s injuries. However, the jury also found that Khristian Mairena was partially at fault for the incident.
Apportionment of Fault
Following the principles of comparative negligence, the jury assigned a percentage of fault to each party. They decided the City of Homestead was 70% responsible for the crash, while Khristian Mairena was 30% responsible.
Total Damage Award
The jury calculated the total damages without yet applying the fault percentages. The breakdown of the $370,000.00 total award included:
Past Medical Expenses: $120,000.00
Past Pain and Suffering: $150,000.00
Future Pain and Suffering: $100,000.00
Final Judgment
On October 15, 2025, the Court entered the final judgment. To reach the final figure, the Court reduced the total $370,000.00 award by the 30% of fault attributed to the Plaintiff. Consequently, the Court ordered the City of Homestead to pay Khristian Mairena a total of $259,000.00. This judgment also carries a statutory interest rate of 8.65% per year until the balance is paid in full. The Court-maintained jurisdiction to handle future requests regarding attorney’s fees and legal costs.
Court Documents
