MOTOR VEHICLE, LEE CIRCUIT COURT
A couple recovered $359,253 for hip, neck and back injuries the husband claimed resulted from an incident with a repo agent. Daniel Smith, then 58, received a knock on the door of his Fort Myers home at 3:45 a.m. by the agent, who told him he was repossessing his auto. As the agent drove off, Smith’s arm bracelet got caught on the car’s passenger’s side mirror. He claimed he was current on his car payments and the agent refused to provide any proof that he was entitled to take the car. Defense counsel argued that Smith was comparatively negligent by jumping on the side of the moving car. The jury found the agent 70 percent liable and Smith 30 percent liable, reducing the $513,219 award, including $100,000 for Smith’s wife, accordingly.
