HOLMES BEACH – The driver of the car that recently collided head-on with a golf cart traveling in the opposite direction tested positive for THC and generic Xanax, according to a Florida Department of Law Enforcement (FDLE) laboratory report.
On Nov. 29, a silver 2021 Nissan Versa driven by 59-year-old Michael Lynn Fitzgerald, of Ellenton, veered into the oncoming lane and collided head-on with the 2008 golf cart driven by 79-year-old Anna Maria resident Jana Samuels, according to a Florida Traffic Crash Report provided by the Holmes Beach Police Department. The accident occurred in the 6800 block of Palm Drive. Samuels sustained serious injuries as a result of the accident and is still recovering.
According to the crash report, New Port Richey-based Trulieve Inc. owned the vehicle driven by Fitzgerald. Trulieve operates medical marijuana dispensaries throughout Manatee County and Florida.
Fitzgerald’s blood specimen contained the prescription drug alprazolam and three variations of tetrahydrocannabinol (THC), according to the Feb. 7 FDLE lab report.
“Because the investigation is active, it would be inappropriate for our scientists to comment on this case. I can tell you there are no ‘legal levels’ designated in Florida laws for the drugs listed,” FDLE spokesperson Gretl Plessinger told The Sun.
According to Manatee County Court records, no DUI charges had been filed against Fitzgerald as of Monday afternoon. Court records indicate Fitzgerald is still working through the legal process associated with the careless driving citation he received as a result of the accident.
Civil lawsuit
Fitzgerald and Trulieve were named as plaintiffs in the civil lawsuit filed on Samuels’ behalf on Dec. 22. The lawsuit seeks unspecified damages in excess of $30,000.
The original complaint alleged Fitzgerald had a duty to operate the motor vehicle in a reasonable and safe manner and as the owner of the vehicle, Trulieve was liable for Fitzgerald’s alleged “negligent acts.” The original complaint did not allege Fitzgerald was impaired or under the influence.
The complaint also noted Samuels suffered bodily injury resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life and the expenses of hospitalization, medical and nursing.
On Feb. 8, an amended complaint was filed with the 12th Judicial Circuit Court. The amended complaint notes Fitzgerald was wearing a black shirt with the Trulieve logo at the time of the accident. The amended complaint alleges Fitzgerald was impaired when the accident occurred.
“Following the collision, Michael Fitzgerald was showing signs of impairment including but not limited to pinpoint pupils, slow exaggerated movements, lack of smooth pursuit and distinct and sustained nystagmus at maximum deviation in both eyes, and difficulty locating the tip of his nose. Michael Fitzgerald was under the influence of antidepressant drugs and marijuana, such that his operation of the motor vehicle was negligent or reckless,” the amended complaint alleges.
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