$1.2 million dollar wrongful death recovery, Brevard County, Florida
Jim Cunningham represented a Circuit Court judge whose minor daughter was killed when the driver of the van she was riding in lost control causing the van to rollover and the young lady to be ejected. The accident occurred in Georgia as the vehicle was traveling to a church camp in North Carolina.
The defense sought to have Georgia law apply to this cause of action. Georgia law would have severely limited the parents legal rights. The trial judge agreed with attorney Cunningham and applied Florida law to the cause of action even though the accident in Georgia.
The recovery was significantly impacted by the Defendants arguments that if the young lady had been wearing her seatbelt she would not have been ejected and killed.
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