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Trailer swung into path of SUV, mother killed, 5-year-old injured

Verdict (P)          $5,082,169

Net         $3,049,301

Case Kurt F. Bauer, individually and as personal representative of the Estate of Shirley V. Bauer. Kurt F. Bauer v. Hines Nurseries Inc., a foreign corporation, No. 05-2002-CA-9235

Court    Brevard County Circuit Court

Judge   George Maxwell

Date      10/28/2004

Plaintiff

Attorney(s)

                Charles J. Roberts, Rockledge, FL

Crash survivor, 5, wins $5 million settlement
JOHN A. TORRES
Staff

By JOHN A. TORRES

October 28, 2004

 

Florida Today

ROCKLEDGE --

While the money will never replace the love and tenderness her mother would have provided, the jury was instructed to use certain formulas to determine things such as pain and suffering and loss of parental guidance in determining a total.

Kurt Bauer, who was out of town at the time of the accident, said he hopes the judgment can help put closure on the tragedy.

"It's been such a difficult time," he said. "I certainly hope we can move on now."

Bauer said his daughter has recovered remarkably well and is amazed she is "just like all the other kids her age."

"I couldn't be more pleased," he said. "She really enjoys playing with her friends."

Her relatives were killed when a tractor-trailer heading south on Interstate 95 near the Bee Line swerved to avoid a white car that was coming onto the highway from the median.

The truck lost control and crossed over to the northbound lanes, where it slammed into a GMC Yukon. Hannah's grandparents, Wilbur and Mary Vaughan, both 75, and her mom, Shirley Bauer, 38, died at the scene.

Bauer's attorney, Charlie Roberts of Rockledge, argued during the two-week trial that truck driver Ezequiel Mata simply was not paying attention.

"All he had to do was take his foot off the gas when he saw the white car," Roberts said. "We felt he was clearly negligent."

The jury assigned 60 percent of the liability to the truck driver and 40 percent to the white car, meaning Bauer likely will never recover $2 million of the total amount.

"The system worked. The jury did what was fair and reasonable and properly assigned liability," Roberts said, adding he had never won a verdict so big. "We're glad that now Kurt and his family can get on the road to closure on this."

Contact Torres at 242-3649 or jtorres@flatoday.net

____________________________________________

Amount factors

The jury was instructed to use certain formulas to determine things such as pain and suffering and loss of parental guidance in choosing a settlement.

 

 

 

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