Scolaro Law Secures $12.8 Million Verdict – Jury Sends Clear Message: Drunk Driving’s Catastrophic Consequences Must be Punished

On a tragic night in January 2023, 21-year-old Nell Behr’s life was cut short when a drunk driver collided head-on with her vehicle in Jacksonville. The devastating crash not only claimed the life of a young woman with her whole future ahead of her, but also shattered the lives of her parents, Monique and John Behr, who had been planning to relocate from Chicago to Jacksonville to be closer to their beloved daughter.

What followed was a complex two-year legal battle that would ultimately result in one of the largest wrongful death verdicts in Duval County history, a $12.8 million award that sends a powerful message about accountability and the true cost of drunk driving. Attorney Thomas Scolaro of Scolaro Law represented the Behr family at trial.

The Tragic Incident: A Preventable Death

The defendant, Ramon Cerda, had been drinking at a Jacksonville bar before getting behind the wheel. According to testimony, Cerda regularly consumed up to 18 drinks per night and believed he would be fine to drive on the night of the incident because he had consumed “only” half that amount. This reckless decision-making process exemplifies the dangerous mindset that leads to preventable tragedies.

Cerda struck Nell’s vehicle head-on while driving the wrong way. The impact was catastrophic, instantly ending the life of a young woman who had everything to live for. Following the crash, Cerda pleaded guilty to DUI manslaughter and was sentenced to 12 years in prison.

Overcoming Complex Legal Challenges

This case presented unique procedural hurdles that required innovative legal strategy and unwavering determination. The trial was bifurcated, meaning it was split into two separate phases, which created significant challenges for presenting our case effectively.

Phase One: The Sanitized Damages Trial

In the first phase, we were prohibited from revealing crucial details about the crash, including the fact that it involved a DUI or wrong-way driving. This “sanitized” presentation meant we had to prove the devastating impact of Nell’s death on her parents without being able to explain the full scope of the defendant’s reckless conduct.

The defense argued that Nell’s elderly parents, living 1,000 miles away in Chicago, should receive minimal compensation. However, we successfully demonstrated the profound bond between Nell and her parents, and the devastating impact her loss had on their lives. The jury awarded $10.3 million in compensatory damages. This is believed to be the largest wrongful death verdict in Duval County for a case where the victim was survived only by parents.

Phase Two: Punitive Damages and the Full Story

The second phase allowed us to present the complete picture of Cerda’s conduct and argue for punitive damages. This phase revealed the true extent of his reckless behavior and chronic alcohol abuse. During this phase, the defense made a tactical error that would ultimately backfire. They brought the shackled defendant into court, attempting to garner sympathy by highlighting his imprisonment and financial circumstances. Defense counsel even had the audacity to suggest that the grieving parents should receive only $1 in punitive damages, arguing that this was “the only result the law would allow” without financially destroying the defendant.

The Jury’s Powerful Message

The jury’s response to this insulting offer was swift and decisive. They awarded $2.5 million in punitive damages, plus a symbolic one dollar. As Attorney Tom Scolaro explained to the media, the $1 portion was clearly a message to defense counsel rejecting their callous approach to this tragedy.

“The $1 part was kind of interesting, because that’s what the defendants offered,” noted Scolaro’s co-counsel Aaron Davis. The jury’s verdict demonstrated their understanding that allowing people to escape consequences for their actions simply because they lack financial resources would create a dangerous precedent.

Understanding Florida’s Punitive Damage Laws

Florida law allows for punitive damages in cases involving particularly egregious conduct. However, these damages cannot result in the financial destruction of the defendant. This legal standard created additional complexity in our case, as we had to balance the need for appropriate punishment with the statutory limitations.

The jury instruction regarding financial destruction was carefully considered, but ultimately the jury recognized that meaningful consequences must exist for such reckless conduct. Their verdict struck the appropriate balance between punishment and the legal standards governing punitive awards.

The Broader Impact: Preventing Future Tragedies

This case is first and foremost an absolute tragedy for a family and for Nell’s life that was cut short. It is also a case of personal choices and highlights several critical issues about drunk driving and personal injury law:

• Chronic Alcohol Abuse: The defendant’s pattern of consuming up to 18 drinks per night and regularly driving while intoxicated demonstrates the ongoing danger posed by repeat offenders.

• Impaired Decision-Making: The defendant’s belief that he was “fine” to drive after consuming significant amounts of alcohol is yet another illustration how alcohol impairs judgment about one’s own capabilities.

• Procedural Challenges: The bifurcated trial structure shows how complex legal procedures can create obstacles in presenting a complete case to the jury.

• Financial Responsibility: The substantial verdict reinforces that individuals must be held accountable for their actions, regardless of their financial circumstances.

Tom Scolaro’s Personal Reflection on This Trial

Throughout this case, I witnessed the incredible strength of the Behr family as they navigated not only their devastating loss but also the complex legal process required to achieve justice. No amount of money can bring back their daughter or fill the void in their lives, but this verdict serves multiple important purposes.

“We had to pivot,” as my co-counsel Aaron Davis noted about our strategy. “The theme was, just keep the train on the tracks. You can’t get thrown off by the distractions and the rulings. Eventually, the jury is going to see the case for what it is and see your clients for who they are.”

This case reinforced my belief that when you’re fighting for justice and representing clients who have suffered unimaginable losses, persistence and adaptability are essential. The defense tried multiple tactics to minimize their client’s responsibility, but the jury ultimately saw through these attempts and delivered a verdict that reflects the true magnitude of this tragedy.

A Call for Responsibility

As we approach holidays like the Fourth of July, when drunk driving incidents typically increase, this case serves as a stark reminder of the devastating consequences of impaired driving. The difference could not be more clear between a $20 Uber ride and a lifetime of consequences, including prison time, civil liability, and the knowledge that your actions could end another person’s life.

Seeking Justice for Your Family

If you or a loved one has been injured or killed by a drunk driver, you need experienced legal representation that understands the complexities of these cases. At Scolaro Law, we have the experience, knowledge, resources, and determination to fight for the justice and compensation innocent victims deserve.

Our track record speaks for itself. We do not shy away from complex cases. We understand that behind every case is a family dealing with unimaginable loss or life-altering injuries, and we are committed to securing the best possible result for our clients.

Call us at (305) 424-2300 or contact us through our website to schedule your consultation. We are here to fight for you when you need it most.

Attorney Thomas Scolaro has dedicated over 25 years to representing injured clients and families, securing 13 eight-figure verdicts and settlements. The trial attorneys at Scolaro Law have decades of combined experience handling complex personal injury cases, including drunk driving accidents, wrongful death claims, and cases involving significant punitive damages. We are committed to holding negligent parties accountable and securing justice for our clients.