DELAND, Fla. (WOFL FOX 35 ORLANDO) -
A woman who was run over by a Volusia County Beach Patrol vehicle three years ago has been awarded $2.6 million dollars by a jury in a civil suit brought against the county.
During closing arguments, Erin Joynt's lawyer told the six-person jury that they should give her millions for her suffering.
"We submit the value of that is $5 million," said John Phillips.
The judge told Phillips that he had disobeyed rules regarding closing arguments.
"The plaintiff's council made argument that was brand new; made a suggestion to you about the value of this case that had never been made," the judge said.
He was visibly upset as was the county lawyer, that Joynt's lawyer suggested 5 million in the final rebuttal. So, he decided to give the county a final chance to address the matter.
The county lawyer said, "We believe the evidence shows Joynt is entitled to a much less amount than the plantiff just told you."
Joynt, a tourist from Kansas, was sunbathing on Daytona Beach in July 2011 when she was accidentally run over by a 21-year-old lifeguard who drove outside the driving lanes. During a week of testimony, including statements offered by Joynt herself, Joynt's lawyer told jurors that his client had suffered facial paralysis, loss of hearing in one ear, and has migraines and daily pain associated with the 2011 incident.
County lawyers did not argue who was at fault, but rather, the extent of damages and compensation. They painted Joynt as a woman who is still capable of doing everything she did before the incident, including working full time and traveling with family.