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$2.3 Million Awarded To Molino Woman After Ivan Cleanup Crash
February 14, 2010
A Molino woman who crashed into a Hurricane Ivan cleanup trailer in 2004 has been awarded $2.3 million by an Escambia County jury.
Penny Nixon, now 42, received the damage award Friday in Escambia County Circuit Court against contractors Ashbritt Inc., of Pompano Beach, and Gulf Sandblasting and Painting, Inc., of Mississipi.
Nixon rear-ended heavy equipment trailer on November 2, 2004, on Jacks Branch Road. The trailer was parked in the road without lights or reflectors, cones or other safety markers while crews were busy loading dump trucks with debris.
The trailer was operated by Gulf Sandblasting and Painting which was working as a subcontractor for AshBritt, Inc.
Evidence introduced during the five-day trial showed that Nixon had permanent brain damage caused by the accident that prevented her from working or finishing nursing school.
Penny Nixon’s name was Penny Packer at the time of the crash, but she married Charles Nixon, Jr. in 2008. Her lawsuit was filed in June, 2005.
Comments
21 Responses to “$2.3 Million Awarded To Molino Woman After Ivan Cleanup Crash”
MolinoFriend,
Actually, the speed doesn’t necessarily factor into the equation at all. You can get the same amount of brain damage from a crash at 55 that requires 15 staples as from a fall that required none.
This is a subject I know way too much about since I have spent the last 10 years caring for a family member who sustained serious brain damage (TBI and ABI) from an accident that was no where near 55 mph. It can happen at any speed.
Jessica and MolinoJim you must know each other looking at the last comment..You are right Jessica alot of things can cause brain damage…but the severity does differeniate between falling down and 55 mph and a split skull with 15 staples to hold it together and Molino Jim the driver went to get a part to fix the truck but could’nt move that big of vehicle off the road the point was he didn’t make it what so ever to warn people another citizen noticed it and came back to try to warn people a very good man but by the time he got there it was to late for the driver…this debate has really gone on long enough it can go on forever really the whole point is SAFTEY SAFTEY SAFTEY On whom evers part everyone needs to always be aware of whats around them and everyone needs to be aware of what the leave behind in the way…….
Jessica,
The jolt of a car crash at 25 mph is sufficient to cause brain damage. The speed is not a factor at all. Have you never heard of Shaken Baby Syndrome? A car wreck is the same principle. Your brain is bounced from one side of your skull to the other, back and forth, causing bruising, bleeding, swelling and other problems. This in turn causes brain damage. A minor concussion from a fall can cause brain damage. Every concussion that a person sustains, no matter how minor, can cause cumulative damage that eventually becomes a bad problem. She doesn’t have to have been going fast at all.
Molinojim,
If I break down in a dangerous spot, I GET MY VEHICLE OFF THE ROADWAY if that means that I have to stand behind it and wave my arms to every passerby until someone helps me move it. I would also call 9-1-1 to have an officer come out and direct traffic around me since that is what the law says for me to do. I certainly wouldn’t go off and leave it sitting in the middle of the road for someone to ram into like that, unless of course that was the intention in the first place so that insurance would replace it. Hmmm, now I hadn’t thought of that until now but honestly, WHY would anyone leave a vehicle in the roadway unless they intended for someone to hit it?
I personally knew this woman before and after the wreck. There is no amount of money that can bring back the memories, years, and dreams that she has lost. Unlike Jessica, I am not a spiteful person, accidents happen. At least shes not Tandra Dickerson (the waffle house employee that won the lottery). Shes very lucky to be alive, and she deserves every penny she was awarded, apparently, since the jury thought so too.
To ALL of you rude jealous people…get your facts straight before you make such Assumptions!! Penny is my sister and if you knew all the facts in this case you would not be so quick to criticize her! This was an accident and the jury seen fit on the amount of money she was awarded! These fly by night outlaw companies that flooded our area after Ivan never cared about safety! My sister will never be the same and NO amount of money will bring that back to her! She is lucky to be alive! It was not a money scam…..ridiculous! It was never a given on the amount the jury awarded her! I hope that this will show that in the future, these companies coming into our community to “help” will be more careful and follow DOT guidelines! Or next time it might be your sister, daughter, mother or wife that is injured or killed! RIGHT IS RIGHT AND WRONG IS WRONG!!!
I have set on two civil Juries before and once they determine who’s at fault then they figure what percentage of the fault goes to each party. If the wreck could have been avoided then they (Jury) will figure what percent was the drivers fault and so on. And if the jury felt like this woman was entitle to this settlement/ money then I’m O.K. with it. It not our call to push blame on either party it was just and accident. I’m sure that the people/companies involved did not want this to happen but it did that why we call them accidents. It could of happen to any of us.
My questions and comments were intended to help us all be more aware of our surrounds when we drive. I did not comment on the money award/seat belts/ or any of the other “hot topics”. I also feel sorry for this young lady as a number of you do. If questions are not ask—no answer can be forth coming. How many of us have has a vehicle break down where it was a danger to other and doing what we thought was the best thing to do. Could this have been the case for the driver when he went to try to get parts to get the truck running and out of the roadway? Hind sight is wonderful. Sorry if asking questions offends any one.
Oh and Jessica she was wearing herseat belt, the air bag did deploy, no alcohol, no drugs, and she was doing the speed limit, The angle that she hit the truck trying to miss it caved in the sunroof thats what got her head…think about what you say when you don’t know the facts
MolinoJim…The Driver was issued FIVE citaions,was not on the site at time of accident it had just gotten dark and started to rain. I know Penny personaly and she did everything in her power to avoid the truck but to keep from hitting head on traffic at 55mph she swerved back in at hit the truck instead to keep from killing another driver. Thats the kind of person she was she was in RN school worked as a CNA and was always caring for other people and if the company had followed the saftey issues the they said they had this would not have happened. There wasn’t even reflector tape on the truck, no lights, no cones, no anything, especially no careless driving. She lost memories of her life. her childrens life at least now she can get the medical and mental help she needs..and by the way the driver never paid those tickets he has warrents for his arrest but thats ok prison in Mississippi found him anyway.
i have something to say about penny’s accident. this truck was not working loading ivan trash, it was broken down, sitting idle. no one was attending to this truck, there was no safety equipment in or around the truck. if your child had been in this accident, would you still be making these remarks against her? no, i don’t think so.
to all of your people that think that penny was in this for the money, you are all mistaken. i have seen her struggle every day just to get thru life. she so wanted to be a nurse and to help other people, but after the accident, she could not retain the information it takes to be a nurse. Know your facts, this was a month after ivan, this truck was broke down in the main lane of traffic headed south, penny was traveling south. there were not refectors or lights, no cones, or any safety equipment on the truck, no one flagging traffic, if fact the driver was not on site, because he went to town to get parts, because it broken down. before you pass judgement on someone, know all the facts. that money may help heal her wounds, but it will never give her back wants she has lost, her nursing career. If some of you that are passing judgement on her, knew her, you wouldn’t make such silly comments.
I think molinojim and jessica definitely do not show any intelligence by their comments. I know this woman personally and know for a fact that she had her seat belt on and wasn’t driving recklessly. I was at the courthouse and testified at her trial. The time of the accident was dusk. Clearly the clean up crews were not thinking about the safety of anyone. Know your facts before making stupid comments. Put yourself in this persons place. To think that someone would do this for money is rediculous. I remember the pain and frustration she felt not knowing who her children were or one of her parents. I see the pain in her body that she suffers daily. I see that she can never do all of the things that she use to love to do or to work in the career that she was so passionate about. She will never be able to live the life that she led. 2.5 million. You think that is to much money for what she suffers. Perhaps you should meet the person that it was rewarded too. You may change your mind. You can’t put a price tag on life. I truly believe, after seeing the pictures and everything else that the only reason that she made it through the accident was that God wasn’t done with her yet.
Sad story, ok ending? sorry but no amount of money can replace ones health…Ask anyone who suffers daily with cronic pain, heart problems, kedney failure, diabetes ect what they would rather have.
safety should always come first. sad story with an ok ending. no one can get the time back or fix the damages, but hopefully she will be able to be comfortable and take care of her family for the rest of her life now. I know she is and will always have scars and damages but atleast there is some money in it. so many people get hurt and do not get anything, they can’t work or take care of their family. I am not saying the money makes it ok, as it is not. it is just good to see she is being compensated the only the law knows how to.
Crooks in Washington are bad enough……..
penny is a great lady and this was an unfortunate accident i am just glad she finally got the case settled and can enjoy her time with her new hubbie!
daninmolino: I wonder how dark it was/was the trailer on a curb or straight away/ was the driver heading north bound into the setting sun and could the trailer be seen at a reasonable distance. Did the FHP issue a ticket to the company? Lot of questions in my mind.
So…you would take 2 million to have a severe brain injury? This woman will never be the same over the incompetence of out of town trash collectors. My only regret is that the levin lawfirm will get 33% of it.
when i read about this in the paper today, it makes me want to go find a work truck and move a cone.. that is crazy!!!!!!!! seems like someone was looking for quick cash.. i agree with molinojim– you know they would be working, you should be more careful.. also how fast was she going to have brain damage (and on Jacks Branch Road) and was she wearing a seat belt.. prob not… just think what that money could do to help people that really need money…
I was a witness to the situation prior to the accident and can honestly say that no one could have avoided this accident. The debris removal company was more concerned with making money than providing public safety.
It is unfortunate that this person was hurt in the crash. But don’t we owe it to our selves and to other to use due diligence when driving? Right after a storm with clean up crews every where I feel any driver should take a lot of extra care. I know I was not on the jury and do not have all of the fact. But still and all don’t we have a responsibility to be more aware of what is going on.