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Elderly Woman Found Not Negligent In Accident With Bicyclist
August 23, 2005: In Sierra v. Dyble (Case no. 03-5423, Hillsborough County Circuit Court), a jury found that an elderly woman driver was not negligent for striking a bicyclist who later claimed he had been injured.
Jose Sierra, 63, who is unemployed, sued Florence Dyble, 73, over the Tampa intersection accident. He claimed he had the green light. She claimed she stopped for the red light then, when it changed, looked both ways before going ahead, and then he darted out in front of her.
After being hit, Sierra got up, brushed himself off and left. It wasn't until later that he claimed a lower back and wrist injury. The judge granted a defense motion in limine to strike the wrist injury and Sierra's accident reconstruction expert, who, the defense argued, never examined the car, bike or got Dyble's version of events.