Case Background
Gonzalo Francisco Negron Moya filed this lawsuit in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, against Anthony Lewis and T&S Professional Rentals, LLC. Manuel "Manny" Stefan of Morgan & Morgan, P.A. filed the complaint on behalf of Negron Moya on June 5, 2020, and the case was docketed as Case No. 2020-CA-006013. At the time of the incident, Negron Moya resided in Osceola County, Florida. Anthony Lewis resided in Orange County, Florida, and T&S Professional Rentals, LLC, a Florida limited liability company, conducted business in Orange County, Florida. T&S Professional Rentals, LLC, through counsel Juan A. Ruiz of Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A., filed its answer and affirmative defenses on July 6, 2020, denying liability. The case proceeded to a jury trial, and the jury returned its verdict on May 22, 2025. Circuit Judge Luis F. Calderon entered final judgment on May 30, 2025.
Cause
On September 23, 2019, Negron Moya drove east on State Road 482, also known as Sand Lake Road, in Orange County, Florida. At the same time and place, Anthony Lewis drove a motor vehicle owned by T&S Professional Rentals, LLC, also traveling east on Sand Lake Road. Lewis operated the vehicle with the permission and consent of T&S Professional Rentals, LLC. The complaint alleged that Lewis negligently operated and maintained the vehicle so that it collided with Negron Moya's vehicle. The complaint further alleged that T&S Professional Rentals, LLC bore vicarious liability for Lewis's negligence under the Florida Dangerous Instrumentality Doctrine.
Injury
Negron Moya alleged that the Defendants' negligence directly and proximately caused him bodily injury, including a permanent injury to the body as a whole. He claimed pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, and inconvenience. He also alleged aggravation of an existing condition and loss of capacity for the enjoyment of life. Negron Moya stated that these losses were either permanent or continuing and that he would suffer them in the future. He also claimed his motor vehicle sustained damage in the collision.
Damages Sought
The complaint sought damages exceeding $30,000, exclusive of costs, interest, and attorneys' fees, and listed the estimated value of the claim as $30,001 for jurisdictional purposes only. The complaint stated that a jury would determine the actual value of the claim.
Key Arguments and Proceedings
Legal Representation
Plaintiff: Gonzalo Negron Moya
· Counsel for Plaintiff: Manuel "Manny" Stefan of Morgan & Morgan, P.A.
· Experts for Plaintiff: Anand Ashok Gandhi | Jose Pizzaro | Jonathan C. Eugenio | Louis A. Grasso | Jane E. Bistline | Aaron Smith | Sandeep V. Pillarisetty | Andrew Akerman
Defendants: Anthony Lewis and T&S Professional Rentals, LLC
· Counsel for Defendant: Juan A. Ruiz
· Experts for Defendant: Marc F. Glickstein | Michael P. Silverstein
Key Arguments or Remarks by Counsel
Claims
Negron Moya alleged that Lewis caused the collision through negligent operation and maintenance of the vehicle he was driving. He alleged that T&S Professional Rentals, LLC, as the vehicle's owner, bore vicarious liability for Lewis's conduct under the Florida Dangerous Instrumentality Doctrine because Lewis had operated the vehicle with the owner's permission and consent.
Defense
T&S Professional Rentals, LLC denied each and every allegation in the complaint and demanded strict proof. The company raised numerous affirmative defenses. It argued that Negron Moya had himself acted negligently and that this negligence caused or contributed to his claimed injuries and damages, including failing to conduct himself in a reasonably careful manner, failing to maintain a proper lookout, and failing to take appropriate evasive action. The defense argued that any damages awarded should be reduced by an amount equivalent to Negron Moya's own negligence.
T&S Professional Rentals, LLC also argued that Negron Moya's injuries and damages resulted, in whole or in part, from the fault of persons or entities not under the Defendant's direction or control, citing Florida Statutes Section 768.81 and the principles set forth in Fabre v. Marin, 623 So. 2d 1182 (Fla. 1993). The defense asserted that Negron Moya failed to mitigate his damages and that his cause of action was barred because he failed to meet the injury threshold requirement under Florida Statutes Section 627.737(2). The defense further argued that the company's liability, if any, was limited to its pro rata share of fault under Florida Statutes Section 768.81.
The defense argued that an independent, intervening cause, or the negligence of third parties not named in the lawsuit, caused Negron Moya's damages. It claimed entitlement to a setoff for the amount of Negron Moya's insurance coverage or assets, and for any personal injury protection benefits, medical payments coverage, or other collateral source benefits paid or payable to him under Florida Statutes Sections 627.7372 and 768.76. The defense also alleged entitlement to a setoff for any payments made by or on behalf of other Defendants or responsible parties, and for the amount of any settlement, release, or covenant not to sue that Negron Moya or his attorney may have delivered to any other person or entity in partial satisfaction of the damages sued for in this action, citing Florida Statutes Sections 768.041(2), 46.015(2), and 768.31(5)(a).
T&S Professional Rentals, LLC additionally argued that Negron Moya, at the time of the accident, failed to use reasonable care by not using an available and fully operational seat belt or shoulder harness, and that this failure contributed to producing at least a portion of his damages. The defense argued that this failure also barred recovery to the extent it proximately contributed to the incident or resulting damages.
The defense argued that Negron Moya's claims for medical and hospital expenses should be limited to amounts actually paid and accepted by health care providers, or alternatively limited to the amount actually paid or owed by Negron Moya to such providers. The defense stated that if the jury awarded future economic damages exceeding $250,000, T&S Professional Rentals, LLC would be entitled to use the payment provisions of Florida Statutes Section 768.78. The defense reserved the right to supplement its answer with additional affirmative defenses pending further discovery, and both parties demanded a jury trial on all triable issues.
Jury Verdict
The jury found that Anthony Lewis's negligence was a legal cause of loss, injury, or damage to Negron Moya. The jury determined that Negron Moya sustained a permanent injury as a result of the incident.
The jury awarded Negron Moya $85,651.60 in past medical expenses and $300,000 in future medical expenses. For pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of a disease or physical defect, and loss of capacity for the enjoyment of life, the jury awarded $120,000 for the past and $810,000 for the future. Total damages reached $1,315,651.60. Jury foreperson Anne Holland signed and dated the verdict form on May 22, 2025, and the verdict was filed in open Court the same day.
On May 30, 2025, Circuit Judge Luis F. Calderon of the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida entered final judgment pursuant to the jury's verdict. The Court adjudged that Negron Moya recover from Anthony Lewis and T&S Professional Rentals, LLC, jointly and severally, the sum of $1,315,651.60, bearing interest at a rate of 9.15% per year, for which execution could issue. The Court retained jurisdiction to award attorneys' fees and tax costs, as well as post-trial collateral source and statutory setoffs.
Court Documents
