Responses filed in negligence suit
HOLMES BEACH – The two defendants in a civil suit filed by the daughter of Miriam Trotter, 86, of Bradenton, who was killed in a traffic accident on May 12, 2023, have filed responses to the suit in Manatee County’s 12th Judicial Circuit Court.
Deborah Trotter, 66, of Maryland, was crossing the street with her mother, Miriam, shortly after the reopening of the Holmes Beach intersection of Marina Drive and Gulf Drive, according to the suit. The two were crossing the street in the crosswalk when a 2018 GMC truck driven by Michael Ritchie, 43, of Bradenton, made a left turn on a green light and did not see the women crossing, resulting in both being hit by the truck.
According to a Holmes Beach police report, Ritchie was traveling south on Marina Drive turning left on Gulf Drive. The truck was stopped in the turn lane to turn onto Gulf Drive. The light turned green and Ritchie began to make the left turn onto Gulf Drive. The Trotters were crossing in the marked crosswalk, northbound over Gulf Drive, when they were struck by the truck. Both pedestrians were transported to HCA Florida Blake Hospital with injuries. Deborah was released from the hospital the same day, but Miriam suffered critical injuries during the crash and died on May 17.
HBPD Chief Bill Tokajer said Ritchie was cited for failing to yield the right-of-way to a pedestrian at an intersection with a traffic control device, but was not charged with a criminal offense since their investigation determined he was not under the influence of drugs or alcohol and did not leave the scene. Ritchie was found guilty on Aug. 9, 2023, and fined $166.
On Dec. 27, 2023, Deborah Trotter filed a civil suit for $50,000 as the personal representative of the estate of her mother. Trotter’s lawsuit lists Ritchie individually and C-Squared Certified General Contractor Inc., a Florida corporation, that was the primary contractor overseeing all aspects of the months-long improvement project at the intersection where the accident took place. Trotter’s suit claims the barricade placement, maintenance of traffic modifications, lack of signage, lack of coordination between traffic and pedestrian signals, and many other factors made the intersection dangerous. The suit claims that Miriam Trotter’s death could have been prevented if C-Squared had not been negligent.
The suit claims Ritchie was negligent on 14 counts, which include failing to yield the right-of-way, failure to be aware of traffic conditions and 12 other actions that allegedly led to Trotter’s death. In Ritchie’s Feb. 1 response to the suit, filed by his attorney, W. Scott Hamilton, Ritchie admits that Trotter was struck by the vehicle, but denies all other allegations. The response also claims that all damages in the incident were caused in whole or in part by the negligence of persons or entities other than Ritchie, including, but not limited, to C-Square.
C-Squared’s response to the suit was filed on March 19 by attorney Jeremy Chevres. The response claims Trotter’s death and any damages were caused by negligence on the part of Trotter and Ritchie.
“The plaintiff’s alleged injuries and/or damages resulted from independent, subsequent, unforeseeable, intervening and/or superseding causes beyond the defendant’s control, and consequently, the defendant is not liable,” Chevres said in the response.
A Zoom video hearing is scheduled for Monday, April 22 at 11:30 a.m. in Manatee County’s 12th Judicial Circuit Court before Magistrate David Caskey.
