ELOISE TYLER, et al v. P. Gartenmayer and Budget Rental Car; Circuit Court of Leon County, Florida
The Defendant Gartenmayer rented a car from Budget to use for a college campus tour for her son. Defendant Gartenmayer and her son were headed to Florida State University and Defendant Gartenmayer was driving. The plaintiffs, Eloise Tyler, James R. Tyler, and J. Tyler were on a family trip from Coffee Springs, Alabama to visit relatives in Florida. Eloise was driving and J. Tyler was in the front passenger seat and both were belted. James was seated behind Eloise and was not belted. The plaintiffs were in the left lane of I-10, traveling the speed limit, and the Defendant Gartenmayer changed lanes from right to left causing Eloise to swerve to the left to avoid a collision. Eloise went into the median and tried to return to the interstate eventually flipping several times in the roadway. James was ejected and killed. Eloise sustained severe personal injuries and thankfully, J. Tyler only sustained a sprained ankle. The Defendants asserted at trial that Eloise was comparatively negligent in the operation of her vehicle by overreacting, overcorrecting the vehicle and speeding. The Defendants further contended that James Tyler was comparatively negligent for failing to wear his seatbelt.
Pittman Hooks' attorneys Lee Pittman and Carter Clay tried the case to a Leon County, Florida (Tallahassee, FL) jury and obtained a verdict for Eloise Tyler in the amount of $1,145,000.00; the Estate of James R. Tyler in the amount of $306,064.00; and J. Tyler in the amount of $3,000. The total verdict was in the amount of $1,454,064 but was reduced by the Court by 35% due to the jury's determination that Eloise Tyler was 35% comparatively negligent.