Importance Of Insurance Highlighted, Defendants Allegedly Underinsured. Serves As Warning To Golf Cart Owners, HOA’s.
DELRAY BEACH, FL (BocaNewsNow.com) — The high-profile crash that left several children injured when they were ejected from a golf cart driven by a teen — who allegedly cut in front of a car which hit the golf cart — has led to a lawsuit.
It happened August 9th, 2018, in the Delray Beach community of Seven Bridges.
The driver of the car — Eduard Hiutin, and his insurer, Progressive — are named as defendants. But both the lawsuit — and response filed by Progressive — single out the teen driver, Gabriella Jedlicki, as a mitigating factor in the crash.
According to the suit, Jedlicki “recklessly, carelessly and unlawfully operated the golf cart … Jedlicki’s negligence proximately caused and/or substantially contributed to the subject crash and resulting injuries to the Plaintiff, Shawn Amoyal.”
BocaNewsNow.com was provided the police report in the days after the crash but we withheld names of the minors involved. The court filing, in Miami-Dade County Circuit Court, makes all names public record.
The lawsuit was filed by Lisa Amoyal, identified as the parent of victim Shawn Amoyal.
Police at the time told BocaNewsNow.com that Hiutin was driving his VW Beetle legally when Jedlicki’s golf cart cut in front as she failed to yield. Hiutin was not cited. The Palm Beach County Sheriff’s Office told BocaNewsNow.com in the days after the crash that Hiutin had no reasonable expectation that a golf cart driven by a teen — in a non-golf cart community — would cut in front of him.
Jedlicki, according to the PBSO police report, “operated (the golf cart) in a careless or negligent manner,” and “failed to yield right of way.” Police said the golf cart was registered to Traci Jedlicki who listed Allstate Insurance as her carrier at the time of the incident.
You can read the entire lawsuit, below.
As we reported last year, the crash — and now lawsuit — highlights the issues many communities face when it comes to golf carts. Several Homeowner’s Associations throughout South Florida claim to be “private” which prevents deputies from routinely patrolling for speeders or common motor vehicle violations. It also prevents deputies from ensuring that only licensed teens are driving golf carts and that those golf carts cary insurance. Several communities throughout the region require golf cart owners to carry upwards of one million dollars in insurance. Jedlicki, according the suit, only carried $100,000.
Neither Seven Bridges, its HOA nor GL Homes — the builder of the under-construction community — were named in the suit. `
Lawsuits are merely an accusation. Innocence or guilt is determined in court.
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