As a Miami Personal Injury Lawyer, I represent victims and their families who have been wrongfully injured and/or killed. Most of my posts on this blog are critical of insurance company’s and medical providers that do not provide appropriate care. However, today, I am critical of a personal Injury lawsuit that was filed against Alonzo Mourning. I am not critical because the case is against Alonzo Mourning, a true pillar of our community, but because it appears as if there was no basis for the lawsuit.
The alleged facts are that Alonzo Mourning crashed his Porsche into the side of a disabled car on the Julia Tuttle Causeway at approximately 3:00 am Sunday morning. Alonzo Mourning stopped to check on an accident victim before going home, calling police and then returning to the scene.
When Mourning’s car collided with William Candelario’s Audi, the Audi had already collided with another vehicle. Both of them were stopped on the causeway near the intersection with Interstate 95.
The personal injury lawsuit filed Wednesday in Miami-Dade Circuit Court, alleges Mourning acted negligently by failing to assist the victim, William Candelario, 21, a Miami college student who claims he was disabled and disfigured in the accident and wants monetary damages.
Mourning has not been charged in the collision.
Florida Highway Patrol Sgt. Tom Pikul acknowledged there are several unanswered questions in the investigation of the two separate crashes. Among them: were any of the three drivers given a sobriety test? Will anyone be charged with wrong-doing?
Pikul said the answers to those questions would come from FHP investigators by Friday.
Candelario’s lawyer said he did not know if Candelario was in his car when Mourning’s Porsche hit it.
Candelario’s injuries include a concussion and memory loss, and he has twice sought treatment at the Aventura Hospital emergency room.
Also named as a defendant in the lawsuit is Eddy Desir of Miami, the driver of a Chevrolet Impala involved in the earlier crash with Candelario.
At the news conference Wednesday, Candelario said he has little memory of what happened as he was driving west early Sunday. He said he does remember being outside his car and seeing Mourning approach him.
“I remember asking him, ‘You’re Alonzo Mourning?’ ” said Candelario. He said Mourning nodded.
The statements from the press conference make it clear that at the very least, the investigation is still incomplete and the facts are not yet clear. The Florida Statute of Limitations for car accidents is 4 years-that leaves plenty of time to file a lawsuit once the facts are clear and the allegations are supported by evidence.
In order to recover monetary damages from Mr Mourning, Candelario’s lawyer must prove that Alonzo Mourning caused the damages for which he is being sued. It seems from the evidence that Mr. Mourning struck a car that was disabled and already totaled, and most importantly nobody was in. Thus, there is no basis for this lawsuit.