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City saw injury suit as petty; jury didn't

A man riding with a friend who turned left into an oncoming police car may wind up with a six-figure award.

By CARRIE WEIMAR
Published February 18, 2006

ST. PETERSBURG - A case the city attorney's office initially tried to settle for $25 ended with a jury award of $650,000 for a man injured in a car accident with a St. Petersburg police officer.

Delon Walton, 28, and his friend, Ricardo Robinson, 29, were leaving the Something Different nightclub on Central Avenue about 2 a.m. May 11, 2003, when the accident occurred.

Robinson, driving west on Central, tried to turn left onto 25th Street and struck Officer Jason Levy's patrol car.

Robinson immediately fled. Walton, his passenger, also left eventually. Neither talked to police officers that night, according to Walton's attorney, Ben DeBerg.

Robinson admitted drinking alcohol at the club, DeBerg said. Marijuana was found in the car.

But two witnesses said Levy was driving without headlights, and Walton and Robinson later backed them up.

Levy denied driving without headlights, said City Attorney John Wolfe. Another officer said he saw Levy driving with his headlights on before the crash, he said.

Walton suffered injuries in the crash, including fluid in his left knee and a bulging disk in his back. His medical bills totaled about $8,000.

Jurors found Levy and the city were 67 percent at fault for the accident, Robinson, 33 percent.

They awarded Walton $8,000 for medical bills; $115,000 for future medical bills; $30,000 for pain and suffering; and $500,000 for future pain and suffering.

Wolfe said he was surprised by the outcome. "We didn't see a lot of merit in the case," Wolfe said.

But DeBerg said the city put too much faith in the jury's not finding the police officer responsible. They never had a doctor examine Walton, so they couldn't contradict his medical claims, DeBerg said.

"They didn't really do any damage control," DeBerg said. "They were confident the jury would simply believe the police."

The city's share of the award is approximately $430,000. However, under Florida law, the amount a government agency must pay in a court case is capped at $100,000.

DeBerg said if the city is willing to settle for $100,000, that would probably satisfy his client. However, Wolfe said the city is trying to get a new trial.

"Certain things we thought were important to the case were deemed inadmissible by the court," he said.

If a new trial isn't granted, the city plans to appeal.

Carrie Weimar can be reached at 727 892-2273 or cjohnson@sptimes.com

[Last modified February 18, 2006, 01:59:08]