Avera & Smith and Hinkle & Foran Lawyers Secure More Than $30 Million Jury Verdict in Tragic Drunk Driving Hit-and-Run Crash

GAINESVILLE, Fla. and TALLAHASSEE, Fla., Aug. 26, 2019 /PRNewswire/ -- Avera & Smith and Hinkle & Foran law firms today announced that a Florida Second Circuit Court jury in Tallahassee awarded $30.84 million to the guardianship of Jacqueline Faircloth, who in 2014 at just 18 years old, was a pedestrian on Pensacola Street at Southgate Apartments in Tallahassee when she was tragically struck and severely injured by a drunk driver who fled the scene. The driver, Devon Dwyer, was underaged and had been served alcohol by his employer, Potbelly's Bar in Tallahassee. The crash occurred less than one minute after Dwyer left Potbelly's in his truck.

"Jackie's vibrant life and promising future were taken from her that day," said Mark Avera, Partner at Avera & Smith. "She suffered a severe traumatic brain injury and now lives in a skilled nursing facility with permanent care. She is unable to walk, talk, or do anything on her own; things that all of us take for granted daily. Her family and the Tampa community are incredibly supportive of her. I consider Jackie's parents, John and Kathy Faircloth, to be heroes. Their strength, resilience, and determination to ensure that Jackie gets the very best care are inspiring."

The jury found Potbelly's liable as a result of selling Dwyer 18 beers and six bourbons over a four-hour period. Potbelly's admitted that it willfully and knowingly sold Dwyer the alcohol and that it knew he was underage. Potbelly's denied that Dwyer was intoxicated or, even if he was, that his intoxication was a contributing cause of the crash. The jury determined that Dwyer was intoxicated and that his intoxication contributed to the accident and Faircloth's injuries. In a separate criminal case, Dwyer was sentenced to prison followed by years of community supervision for leaving the scene of an accident with serious bodily injury

The $30.84 million verdict included Jackie Faircloth's past and future medical expenses, loss of future earnings, and pain and suffering. Attorneys Mark Avera and Don Hinkle handled the case for Avera & Smith and Hinkle & Foran respectively.

Avera & Smith has represented Floridians for more than 60 years with a legacy of personal service and genuine care for clients and the local community. Visit www.avera.com for more information.

SOURCE Avera & Smith

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