Carver v. Forry

Summary

Crash victim asserted negligent hiring and negligent entrustment claims against U.S. Security, a national security guard company, that allegedly failed to investigate the health record of a driver who blacked out while driving, crossed the center median, and collided into the plaintiff's vehicle.

The plaintiff claimed that the driver's blackout resulted from a severe vasodepressor syncope, for which the driver failed to take medication, and that the driver had for most of his life blacked out every year or two.

The defendant claimed that the driver blacked out due to an aortic dissection that occurred immediately prior to the crash, and that neither the driver nor the driver's employer could have foreseen that the driver would black out.

The plaintiff claimed that the driver's aortic dissection resulted from the the deployment of the airbag during the collision, after the driver blacked out.

The plaintiff suffered a permanent peripheral nerve injury, which resulted in chronic burning pain in her legs and feet, and sought $20M in damages.

The jury found that the driver's unconsciousness was not foreseeable, and the driver's employer was not negligent.

Outcome

Verdict for the defense

Case Information

Attorneys

Witnesses

Plaintiff: Carver, Wilma
Defense: Forry, Dennis

Judge: Stephen Dakan
Jurisdiction: 12th Judicial Circuit of Florida
Court: Lynn N. Silvertooth Judicial Center

Case Number: 07-3455
Industry: Automotive
Practice Area: Tort Law, Employment Law, Negligence

Plaintiff

Carver, Wilma

Represented By:
Hightower, Dale (Hightower Stratton Wilhelm)

Defense

Forry, Dennis

Represented By:
Arcaro, Riccardo (Riccardo D. Arcaro, PL)

Sessions

Attorney

Witness

Type

Description

AM Session

Openings

8 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Opening Statement	Arcaro, Riccardo
00:21:10	General Case Activities
00:22:00	Break
00:44:55	Opening Statement	Hightower, Dale
01:25:05	General Case Activities
01:25:37	General Case Activities
01:28:33	Witness Direct Examination	Arcaro, Riccardo	Shoebaker, Dr. James	In Person
01:51:33	End of Session

PM Session

Plaintiff Witness(es)

13 Chapters

	Description	Attorney	Witness	Presence
00:00:38	Witness Direct Examination	Arcaro, Riccardo	Shoebaker, Dr. James	In Person
00:01:48	Witness Cross Examination	Hightower, Dale	Shoebaker, Dr. James	In Person
00:16:54	Witness Re-Direct Examination	Arcaro, Riccardo	Shoebaker, Dr. James	In Person
00:17:56	General Case Activities
00:20:11	Witness Direct Examination	Arcaro, Riccardo	Uricchio, Dr. Joseph Jr.	In Person
01:18:47	Break
01:45:40	Witness Direct Examination	Arcaro, Riccardo	Uricchio, Dr. Joseph Jr.	In Person
02:12:24	Witness Cross Examination	Hightower, Dale	Uricchio, Dr. Joseph Jr.	In Person
02:21:54	General Case Activities
02:23:02	General Case Activities		Uricchio, Dr. Joseph Jr.	In Person
02:25:58	Witness Direct Examination	Arcaro, Riccardo	Dean, Anne	In Person
02:47:31	Witness Cross Examination	Hightower, Dale	Dean, Anne	In Person
02:50:15	General Case Activities

JUL

AM Session

Plaintiff Witness(es)

13 Chapters

	Description	Attorney	Witness	Presence
00:00:40	General Case Activities
00:02:00	Witness Direct Examination	Arcaro, Riccardo	Norse, Dr. John	In Person
00:47:44	General Case Activities
00:48:22	Witness Direct Examination	Arcaro, Riccardo	Norse, Dr. John	In Person
01:02:07	General Case Activities
01:03:40	Break
01:24:40	Witness Cross Examination	Hightower, Dale	Norse, Dr. John	In Person
01:48:28	Witness Re-Direct Examination	Arcaro, Riccardo	Norse, Dr. John	In Person
01:53:33	Witness Re-Cross Examination	Hightower, Dale	Norse, Dr. John	In Person
01:54:33	Witness Re-Direct Examination	Arcaro, Riccardo	Norse, Dr. John	In Person
01:54:55	General Case Activities
01:56:27	General Case Activities		Norse, Dr. John	In Person
01:58:21	End of Session

PM Session

Plaintiff Witness(es)

12 Chapters

	Description	Attorney	Witness	Presence
00:00:43	Witness Direct Examination	Arcaro, Riccardo	Deutsch, Dr. Paul Ph.D.	In Person
00:56:19	General Case Activities
00:57:28	Break
01:08:49	Witness Direct Examination	Arcaro, Riccardo	Deutsch, Dr. Paul Ph.D.	In Person
01:51:46	General Case Activities
01:53:59	Break
02:18:02	Witness Cross Examination	Hightower, Dale	Deutsch, Dr. Paul Ph.D.	In Person
02:56:28	General Case Activities	Arcaro, Riccardo	Raffa, Dr. Frederick PhD	In Person
03:33:30	Witness Cross Examination	Hightower, Dale	Raffa, Dr. Frederick PhD	In Person
03:53:36	Witness Re-Direct Examination	Arcaro, Riccardo	Raffa, Dr. Frederick PhD	In Person
03:54:15	General Case Activities
03:56:40	End of Session

JUL

AM Session

Plaintiff Witness(es)

8 Chapters

	Description	Attorney	Witness	Presence
00:00:00	Witness Direct Examination	Arcaro, Riccardo	Amatucci, Dr. Steven	In Person
01:17:07	General Case Activities
01:21:28	Break
01:48:37	Witness Direct Examination	Arcaro, Riccardo	Amatucci, Dr. Steven	In Person
02:12:30	General Case Activities
02:14:20	Witness Cross Examination	Hightower, Dale	Amatucci, Dr. Steven	In Person
02:27:32	Witness Re-Direct Examination	Arcaro, Riccardo	Amatucci, Dr. Steven	In Person
02:38:38	End of Session

PM Session

Plaintiff Witness(es)

23 Chapters

	Description	Attorney	Witness	Presence
00:00:50	Witness Direct Examination	Arcaro, Riccardo	Junco, Patricia	In Person
00:10:55	Witness Cross Examination	Hightower, Dale	Junco, Patricia	In Person
00:13:17	Witness Direct Examination	Arcaro, Riccardo	Rikken, Dr. Dennis	In Person
00:54:10	Witness Cross Examination	Hightower, Dale	Rikken, Dr. Dennis	In Person
00:55:40	General Case Activities
00:57:39	General Case Activities		Rikken, Dr. Dennis	In Person
01:01:35	General Case Activities
01:05:37	Break
01:41:42	Witness Direct Examination	Arcaro, Riccardo	Menda, Ronald	In Person
01:56:27	General Case Activities
01:57:33	Witness Direct Examination	Arcaro, Riccardo	Menda, Ronald	In Person
01:57:52	General Case Activities
01:59:03	Witness Cross Examination	Hightower, Dale	Menda, Ronald	In Person
02:07:43	Witness Re-Direct Examination	Arcaro, Riccardo	Menda, Ronald	In Person
02:08:25	General Case Activities
02:09:50	Witness Direct Examination	Arcaro, Riccardo	Brown, Roland	In Person
03:00:26	General Case Activities
03:01:18	Witness Direct Examination	Arcaro, Riccardo	Brown, Roland	In Person
03:01:46	General Case Activities
03:04:00	Break
03:22:00	Witness Cross Examination	Hightower, Dale	Brown, Roland	In Person
03:51:27	Witness Re-Direct Examination	Arcaro, Riccardo	Brown, Roland	In Person
03:54:48	End of Session

JUL

AM Session

Other

18 Chapters

PM Session

Defense Witness(es)

9 Chapters

	Description	Attorney	Witness	Presence
00:00:05	Witness Cross Examination	Arcaro, Riccardo	Stowe, Dr. Cary MD	In Person
01:16:20	Break
02:00:00	Witness Cross Examination	Arcaro, Riccardo	Stowe, Dr. Cary MD	In Person
02:16:53	Witness Re-Direct Examination	Hightower, Dale	Stowe, Dr. Cary MD	In Person
02:18:25	General Case Activities
02:24:28	Witness Re-Direct Examination	Hightower, Dale	Stowe, Dr. Cary MD	In Person
02:39:28	Witness Re-Cross Examination	Arcaro, Riccardo	Stowe, Dr. Cary MD	In Person
02:40:04	General Case Activities
02:42:46	End of Session

JUL

AM Session

Other

9 Chapters

PM Session

Plaintiff Witness(es)

11 Chapters

	Description	Attorney	Witness	Presence
00:00:55	Witness Direct Examination	Arcaro, Riccardo	Diliberto, Dr. Joseph MD	Transcript Reading
00:29:25	General Case Activities
00:43:26	Witness Direct Examination	Arcaro, Riccardo	Diliberto, Dr. Joseph MD	Transcript Reading
00:48:15	General Case Activities
00:51:46	Witness Direct Examination	Arcaro, Riccardo	Diliberto, Dr. Joseph MD	Transcript Reading
01:06:10	General Case Activities
01:07:27	Witness Direct Examination	Arcaro, Riccardo	Ireland, Mary	In Person
01:24:53	Witness Direct Examination	Arcaro, Riccardo	Ireland, Frederick	In Person
01:54:30	Witness Cross Examination	Hightower, Dale	Ireland, Frederick	In Person
02:00:21	General Case Activities
02:04:16	End of Session

JUL

AM Session

Plaintiff Witness(es)

14 Chapters

	Description	Attorney	Witness	Presence
00:00:58	General Case Activities
00:02:35	Witness Direct Examination	Arcaro, Riccardo	Stern, Ms. Heather	Video Recording
00:21:25	Witness Cross Examination		Stern, Ms. Heather	Video Recording
00:31:30	Witness Direct Examination		Beggs, Dr. Martin MD	Video Recording
00:43:47	Witness Cross Examination	Arcaro, Riccardo	Beggs, Dr. Martin MD	Video Recording
01:04:38	General Case Activities
01:09:30	Break
01:41:29	Witness Direct Examination	Arcaro, Riccardo	Carver, Wilma	In Person
02:03:47	Witness Cross Examination	Hightower, Dale	Carver, Wilma	In Person
02:19:32	General Case Activities
02:20:10	Witness Cross Examination	Hightower, Dale	Carver, Wilma	In Person
02:22:00	Witness Re-Direct Examination	Arcaro, Riccardo	Carver, Wilma	In Person
02:22:50	General Case Activities
02:27:20	End of Session

PM Session

Defense Witness(es)

10 Chapters

JUL

AM Session

Closings

8 Chapters

PM Session

Other

4 Chapters

JUL

AM Session

Verdict

3 Chapters

JUL

Recording Disclaimer: This proceeding was recorded in full except noted sections that were not recorded.

Carver v. Forry

Summary

Outcome

Sessions

Suggest a Trial

CVN Essentials

Video Library

	Description	Attorney	Witness	Presence
00:00:10	Witness Direct Examination	Arcaro, Riccardo	Wozniak, Dr. Elizbieta MD	In Person
00:08:16	General Case Activities
00:08:48	Witness Direct Examination	Arcaro, Riccardo	Wozniak, Dr. Elizbieta MD	In Person
00:19:15	Witness Cross Examination	Hightower, Dale	Wozniak, Dr. Elizbieta MD	In Person
00:23:34	Witness Re-Direct Examination	Arcaro, Riccardo	Wozniak, Dr. Elizbieta MD	In Person
00:24:49	General Case Activities
00:26:08	General Case Activities		Wozniak, Dr. Elizbieta MD	In Person
00:29:18	General Case Activities
00:30:11	Witness Direct Examination	Arcaro, Riccardo	Ortiz, Mr. Ralph	In Person
00:50:20	General Case Activities
00:52:11	Break
01:22:10	Witness Direct Examination	Hightower, Dale	Stowe, Dr. Cary MD	In Person
01:56:58	Witness Cross Examination	Arcaro, Riccardo	Stowe, Dr. Cary MD	In Person
02:44:15	General Case Activities
02:46:16	General Case Activities
02:48:08	Witness Cross Examination	Arcaro, Riccardo	Stowe, Dr. Cary MD	In Person
02:52:13	General Case Activities
02:56:34	End of Session

	Description	Attorney	Witness	Presence
00:00:19	General Case Activities
00:24:44	Witness Cross Examination	Arcaro, Riccardo	Lichtblau, Dr. Craig	In Person
00:57:49	Witness Re-Direct Examination		Lichtblau, Dr. Craig	In Person
00:57:59	General Case Activities
00:59:18	General Case Activities		Lichtblau, Dr. Craig	In Person
01:05:07	General Case Activities
01:07:01	Witness Direct Examination	Arcaro, Riccardo	Diliberto, Dr. Joseph MD	Transcript Reading
01:37:21	General Case Activities
01:39:46	End of Session

	Description	Attorney	Witness	Presence
00:00:12	General Case Activities
00:03:02	Witness Direct Examination		Shahnasarian, Dr. Michael PhD	Video Recording
00:44:48	Witness Cross Examination	Arcaro, Riccardo	Shahnasarian, Dr. Michael PhD	Video Recording
01:11:06	General Case Activities
01:15:01	Witness Direct Examination	Hightower, Dale	Patten, Dr. Bernard	Video Recording
01:34:35	Witness Cross Examination	Arcaro, Riccardo	Patten, Dr. Bernard	Video Recording
01:55:20	Witness Re-Direct Examination	Hightower, Dale	Patten, Dr. Bernard	Video Recording
01:57:21	General Case Activities
02:00:51	General Case Activities
02:03:00	End of Session

	Description	Attorney
00:00:05	General Case Activities
00:02:39	General Case Activities
00:19:11	Closing Statement	Arcaro, Riccardo
01:40:35	Break
02:02:40	Closing Statement	Hightower, Dale
03:17:26	Closing Statement	Arcaro, Riccardo
03:28:44	General Case Activities
03:30:55	End of Session

			Description	Attorney	Witness	Presence
		00:00:22	General Case Activities
		00:02:34	General Case Activities
		00:05:51	General Case Activities
		00:07:52	End of Session

			Description	Attorney	Witness	Presence
		00:00:06	Reading of the Verdict
		00:02:02	General Case Activities
		00:04:47	End of Session