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Jury Awards Port St. Lucie family $7.2 million for loss of infant son caused by drunk driver and delay of Safeco in paying claim

PORT ST. LUCIE, FL--On September 29, 2004, Humberto A. Orduna, after having a few beers, drove his vehicle off the road in a Port St. Lucie mobile home park within Martin County, Florida, and killed 21 month year old Francisco Rivera, Jr. in front of his parents, Francisco Rivera Sr. and Elvia Rivera.

Francisco Rivera, Jr., was taken by Life Flight to St. Mary's Medical Center, but ultimately died a few days later from his injuries. What made this accident even more tragic was that the Riveras had just come home from the hospital 15 days earlier and were celebrating the birth of their youngest child, Melissa Rivera. Francisco Jr. was the Riveras' only son.

Shortly after the incident Mr. Orduna was arrested for DUI, but released on his own recognizance. After his release he fled to Mexico and has never returned. There is currently an outstanding warrant for his arrest.

"The Rivera family thought at the very least the medical bills and funeral expenses for their deceased child would be covered since Mr. Orduna did have a $10,000 policy of automobile insurance with Safeco Insurance. Sadly, this was not the case. Safeco Insurance failed to pay its policy of insurance to the Riveras despite their insured clear liability," said Spencer Kuvin, consumer justice attorney with the Palm Beach Gardens based firm Ricci~Leopold. "After attempting for several months to elicit a response from Safeco, the family came to us for justice," he added.

"When the Riveras shared with me what had happened that resulted in the tragic death of their young son, and the fact that Safeco had refused to respond to the liability of their insured, I and everyone at this firm responded to help. This is a large insurance company taking advantage of a grieving family, of meager means, that the company thought would simply go away if they continued saying no to or turned deaf ear to. These are honest, decent, working people who were suffering from their loss and bearing the burden of what had happened both emotionally and financially, Kuvin filed suit on behalf of the Rivera family, and on March 20, 2007, a Martin County jury awarded the Riveras $7,250,000 for the loss of their son based on the facts and the case Kuvin of Ricci~Leopold presented.

"The Riveras legally immigrated to the United States so that their children could grow up, be educated and succeed in the greatest country on earth. When tragedy strikes in our country, you expect that responsible insurance companies will do the right thing and pay policies quickly to the victims of negligence at the hands of their insured. This verdict proves that our justice system works. When big insurance companies attempt to take advantage of the little guy they will be held accountable for their actions. The jury sent a resounding signal to Safeco for their egregious behavior and inexcusable delay. I am pleased to have worked with the family and to have obtained justice for them," Kuvin concluded.