Case Background
On September 11, 2016, Danielle M. Tirado rode as a passenger on a motorcycle in Miami-Dade County. The motorcycle was operated by Benedicto R. Alvarez, an employee of Publix Super Markets, Inc. At that time, Alvarez drove a 2011 Freightliner truck owned by Publix within the scope of his employment. The incident took place near the intersection of SW 37th Avenue and SW 80th Street.
Cause
According to the complaint, Alvarez negligently operated the truck while driving near a tree. He failed to maintain control of the vehicle. His actions caused tree branches to fall onto the motorcycle. The complaint states that this collapse resulted directly from his carelessness. Alvarez’s conduct allegedly breached his duty to drive safely and avoid creating foreseeable hazards for others on the road.
Injury
The falling branches struck the motorcycle and seriously injured Tirado. Her injuries were permanent. She reported ongoing pain, disability, and disfigurement. The injuries limited her daily activities and diminished her quality of life. She also endured emotional trauma, including mental anguish and loss of enjoyment of life. Medical expenses mounted as she required hospitalization and continuing treatment for her injuries.
Damages
Tirado sought damages exceeding $15,000. She requested compensation for her medical bills, lost earnings, and related expenses. She also demanded damages for pain, suffering, and emotional distress. The complaint further stated that her injuries deprived her of life’s enjoyment and left her disfigured.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Dannielle M. Tirado
Counsel for Plaintiff: Anthony J. Soto | Rubenstein Law, P.A.
Experts for Plaintiff: Miles Elliott Moss | Michael Thorpe | Patricio Rossi | Robert Getter | Mark A. Silverman | Edward Lazzarin | Jose Luis Gonzalez | William Renner | Leonide Gerard Toussaint III | Todd Maraist | Harlan S. Chiron | Jason Allen
Defendant(s): Benedicto R. Alvarez | Publix Super Markets, Inc.
Counsel for Defendants: Joshma Tobias Jurnovoy | Mark Howard Ruff, Jr
Experts for Defendant: Jonathan R. Gottlieb | Jeffrey D. Bradshaw | Nicole Bonaparte
Claims
The complaint alleged Alvarez’s negligence as the cause of the accident. It further held Publix vicariously liable under respondeat superior. Counts included negligence against Alvarez and vicarious liability against Publix. Tirado requested damages, costs, interest, and other relief deemed appropriate by the Court. She also demanded a jury trial to resolve all issues.
Defense
Both Defendants, Alvarez and Publix, denied negligence and disputed the extent of Plaintiff’s claimed damages. Alvarez admitted Publix leased the tractor-trailer but rejected personal fault, while acknowledging Publix could be vicariously liable. Publix, in turn, admitted Alvarez acted within the scope of employment but denied liability and damages. Both Defendants emphasized that Alvarez’s operation of the vehicle did not amount to negligence as alleged.
Together, the Defendants raised multiple statutory defenses. They argued liability must be apportioned under Florida’s comparative fault statute (§ 768.81). They invoked the Florida Motor Vehicle No-Fault Law (§§ 627.730–627.7405) and protections under the Florida Tort Reform Act (HB 775). They further contended Plaintiff’s own negligence and failure to mitigate could reduce or bar recovery. Any damages already satisfied by collateral sources or prior settlements should offset claimed losses. Finally, both Defendants demanded a jury trial.
Verdict
On November 17, 2022, a jury in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, returned a verdict in favor of Plaintiff Danielle M. Tirado. The jury awarded total damages of $906,100.98.
The jury apportioned liability among the parties. Publix Super Markets, Inc. and its employee, Benedicto R. Alvarez, were assigned 35% of the fault. The remaining liability was placed on Miami-Dade County.
A Final Judgment reflecting this verdict was entered on March 2, 2023, and later recorded in the Public Records of Miami-Dade County. On July 25, 2024, Plaintiff’s counsel filed a Satisfaction of Final Judgment, confirming that Alvarez and Publix fully satisfied their share of liability and were released from further obligations in the case.
