Widow of cyclist killed in crash by cop wins $3 million verdict but can’t collect
Three years after a bicyclist was killed in a head-on crash with a speeding Miami-Dade police officer, a jury declared the officer negligent and awarded $3 million to the man’s widow and daughter.
But because of a state cap that shields employees at police departments, schools, hospitals and other government entities from liability, the victim’s survivors are limited to $300,000 in damages and must take their case to the Florida Legislature and persuade lawmakers to pass a special claim bill to exceed the sovereign immunity limit.
A bill in the Florida Senate, which faces opposition from counties, cities and insurance companies, would increase immunity caps on compensation and revamp the claims process.
Miami-Dade County offered the cyclist’s widow $49,000 to settle the case before trial.
“It is beyond surreal to have the needless death of my husband treated so dismissively, and now to do the trial all over again in Tallahassee,” Jeishy Zerpa said. “Any other person in another line of work who is held liable or who acted irresponsibly or illegally would be punished instead of protected. Why do we have this double standard of immunity for the police?”
A Miami-Dade Circuit Court jury sided 6-0 with Zerpa and her attorneys, who argued that Officer Christopher Bendana was driving 70 mph in a 40 mph zone after he was dispatched to assist another officer with a non-emergency — a report of mailbox theft or vandalism.
“Outrageous and insulting,” attorney Luis Suarez said of the county’s offer. “Miami-Dade County doesn’t care because they