Press Releases

Daily Business Review October 2006

Accident victim with Down syndrome gets $6.1M settlement

Case: Lori Hoyt v. Vena Valceus, Diocese of Palm Beach and Catholic Charities of the Diocese of Palm Beach
Case no.: 50-2005-CA-008386, Palm

Beach Circuit Court
Description: Auto Negligence
Filing date: Sept. 2, 2005
Judge: Jeffrey A. Winikoff
Plaintiff Attorneys: Frank Toral and Bill Franz of Toral & Associates in Fort Lauderdale
Defense Attorneys: C. Brooks Ricca, Jr. of C. Brooks Ricca, Jr. & Associates in West Palm Beach
Details: Lori Hoyt was 44 years old when the passenger van that was taking her from her group home to her job swerved off the road and crashed into a tree in suburban Boca Raton.

Five of the 13 passengers were injured and one died.

Hoyt, born with Down syndrome, was an active adult who was able to work, converse and compete in Special Olympics events.
She lived in a home run by Catholic Charities, a nonprofit run by the Diocese of Palm Beach. Catholic Charities also coordinated transportation to and from work for Hoyt and other residents of the group home.

Hoyt sustained serious injuries in the accident, including a severe hernia, loss of sight in her left eye and traumatic
brain injuries.

After the accident, public records revealed that the van's driver had attended a court-ordered substance abuse course in 1999, was convicted of driving with improper equipment in 2001 and again in 2004, and had a judgment withheld on a charge of driving with a canceled or suspended license in 2004. She also was charged with speeding and had her personal injury protection insurance canceled in 2004.

Fort Lauderdale attorney Frank Toral filed suit on Hoyt's behalf in September 2005. Because of the driver's bad record, the
church conceded liability.

"This case was all about assessing the proper amount that my client needed for her continued care," Toral said.

Plaintiff case: "The reason this case was difficult was that you had someone with a cognitive deficiency in the beginning," Toral said. "We had to be able to show a major difference in her cognitive function after the accident." Toral and Franz brought in a neuropsychiatrist from the University of North Carolina to establish the extent of the damage to Hoyt's brain
and cognitive loss. But some differences, Toral said, were obvious.

Bill Franz and Frank Toral proved that their client suffered diminished cognitive function after the accident.

"She used to be able to really converse and have relationships," he said. "She would memorize people's names and birthdays and send them cards. Now she can't do that. She used to be relatively independent and active. Now she needs constant supervision."

Defense case: Ricca said it was not a typical case. "It's rare when the defendant admits liability more or less up front, but I think it was appropriate in this case," he said. "We wanted to do what was appropriate."

Ricca fought to show that Hoyt's ability to function before and after the accident didn't change substantially, and also argued that the diocese's payments should be based on the shorter life expectancy of Down syndrome sufferers.

Outcome: The diocese agreed to settle the case for $6.1 million on Nov. 16.

Comments: "Lori is really a lovely girl," Toral said. "And if she needed a little help before the accident, that was doubly true after the accident. Her mother is very ill, but this settlement will ensure that Lori is taken care of."