Jury awards $6 million to elderly Homestead road rage victim -

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Posted on Thu, Jun. 13, 2002

http://www.miami.com/mld/miami/3461422.htm

Jury awards $6 million to elderly Homestead road rage victim

MIAMI - (AP) -- A jury awarded $6 million to an 80-year-old road rage victim who suffered permanent brain damage when he was punched by a Homestead high school student after a minor car accident.

Jason Matthew Helms, then 18, hit Israel Cabezas and broke his cheekbone after they had a low-impact collision near Homestead Senior High School in February 1999. Cabezas' head hit the ground and he was hospitalized for three months.

Helms pleaded no contest to assault and battery charges and served a 30-day sentence and community service.

The verdict, issued last week by a Miami-Dade County jury, found Helms negligent because he had previously said he did not intend to hit the elderly man. Helms' insurance would be responsible for paying a negligence verdict.

But Helms testified that he did intend to hit Cabezas. He said the driver of the other car approached from behind and he swung before he saw the driver was elderly. If the jury had found Helms hit Cabezas intentionally, his insurance company would not have been required to pay the judgment.

''This is not negligence, (Helms) intentionally hit him,'' Helms' attorney, Donald Hardeman, said Wednesday.

Hardeman also said negligent striking is not an offense under Florida law.

Miami-Dade Circuit Court Judge Jennifer Bailey will review the case before any money is awarded.

The jury award includes $590,297 for past medical expenses, $456,000 for future medical expenses and $4 million for pain and suffering.

Cabezas, of Homestead, requires constant care and has not been able to communicate since the attack, said attorney Robert Ratiner.

Dos this make sense?

-- Anonymous, June 13, 2002


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