Florida Injury Lawyer Blawg
Leesfield & Partners recently thwarted a company’s attempt to claim that an employee driver involved in a fatal crash was an independent contractor in a recent settlement.
This case was handled by Bernardo Pimentel II, a Trial Lawyer at the firm and resulted in a $1 million settlement for the grieving family.
As a result of this driver’s utter carelessness, a family has been forever fractured from the loss of their 8-year-old daughter.
“This settlement holds all negligent parties accountable for their role in the devastating crash, ensuring that the family’s immense pain and suffering is not overlooked,” Mr. Pimentel said. “Our clients’ lives have been deeply impacted by this tragedy, and our hearts remain with them and their loved ones as they continue to heal.”
What Happened?
Our clients were traveling in Lee County, Florida, on State Road 93 in December 2021 with their two young daughters in the backseat when they encountered standstill traffic and stopped behind a tractor-trailer. Moments later, a car — driven by a delivery driver for the defendant, a pharmaceutical company — smashed into them from behind.
While the company maintained that this driver was an independent contractor — a loophole many companies employ to avoid liability for damages caused by their drivers — Mr. Pimentel argued that was not the case. He argued that the driver was an employee of the company, which he was able to establish through extensive discovery and a tireless investigation.
Had the company succeeded in classifying the driver as an independent contractor, he alone would have had the legal responsibility for injuries suffered by our clients.
By successfully disproving this defense, Leesfield & Partners established that the company was vicariously liable for the driver’s negligence. This means that the employer rather than the driver is legally responsible for the negligence of the employee while acting within the scope of employment.
“The defendants attempted to skirt liability through language specifically crafted to avoid classifying the driver as an employee, but we stood firm in proving otherwise,” Mr. Pimentel said. “Our clients have lived through every parent’s worst nightmare, and while no monetary amount can undo the damage that’s been done, this firm is proud to have held the responsible parties accountable for the negligence of their employee.”
Leesfield & Partners
Motor vehicle accidents are among the most common claim types for attorneys across the United States. The same is true for Leesfield & Partners, a leading personal injury law firm that has secured numerous record verdicts and settlements for clients over the last 48 years throughout Florida. From pedestrian incidents to multi-vehicle catastrophes, Leesfield & Partners attorneys are dedicated to securing the best possible outcome for every client.
One landmark case handled by the firm involves the tragic death of a young medical student and permanent injuries to her younger brother due to the recklessness of a drunk driver. The driver was speeding down the wrong side of I-95 when he hit the family in a head-on collision as they were on their way to drop off their daughter at her medical school’s orientation. She was 23.
As a result of the crash, her brother, 21, required round-the-clock care and a wheelchair.
The verdict in that case was an over $95 million recovery for the family, $57 million of which would go to the son and $38 million to the parents. This was the largest verdict in motor vehicle accident history in the 11th Judicial Circuit of Florida, and the fourth-largest statewide.
In Miami-Dade County, where Leesfield & Partners has one of three Florida offices, there have been nearly 18,000 crashes thus far in 2025. These crashes have resulted in just over 8,600 injuries with 74 deaths. In 2024, there were nearly 60,000 crashes with 288 fatalities and over 29,300 injuries. The year prior, the county had 64,009 crashes with 325 deaths and nearly 30,000 injuries.
While a seemingly mundane part of everyday life, it is clear that driving can have serious consequences. Ira Leesfield, the firm’s Founder and Managing Partner, has regularly discussed these risks in speaking engagements throughout the country, essays and articles. In an OP-ED, which previously appeared in the Miami Herald, Mr. Leesfield discussed the prevalent hazards associated with distracted driving and the ways in which distracted employee drivers can leave their employers liable for damages.
“Today’s technological age means people can work anywhere, anytime, but this convenience comes with a price for business owners: distracted drivers who hurt or kill someone expose their employer to potential liabilities for their mistake,” he said.
Previous Cases
Previously, Leesfield & Partners handled a case involving a truck company whose employee was responsible for a tragic crash that injured two girls and killed one other. The three girls were on their way to the library when the truck driver made an illegal U-turn on the turnpike, turning directly into the girls’ path.
Leesfield & partners obtained an over $8.6 million settlement and a wrongful death arbitration award of $7,995,467.
In the case of a woman who was walking back to her office following a midday break, Partner Justin B. Shapiro secured the maximum recoverable amount set forth in the defendant’s insurance policy limits. The woman was crossing the street in a marked crosswalk when a pickup truck driver made an illegal left turn, claiming to not have seen her. Injuries to our client included skull fractures and brain hemorrhages in addition to injuries to her left leg.
A $6 million settlement was secured for the client in that case.
A case involving another trucking company whose employee was in a crash that injured two Leesfield & Partners clients, the firm secured a $5 million recovery.
A $2.8 million recovery was obtained in a suit against a trucking company for a client injured by a commercial truck driver.
A motorcycle crash that involved the injury of our client due to the actions of a trucking company employee resulted in the firm obtaining a $2 million recovery for our injured client.
The firm also obtained a $1.8 million recovery for the family of a client who was killed in a tragic crash due to the negligence of a trucking company’s employee.
