$1.25 Million Presuit Settlement for Family of 84-Year-Old Killed in Orlando Hit-and-Run
Won by Leesfield & Partners.
Justin Shapiro of Leesfield and Partners negotiated a $1.25 million presuit settlement for the family of an 84-year-old man fatally struck by a hit-and-run driver in Orlando, despite the vehicle owner and the driver both invoking the Fifth Amendment and refusing to cooperate with their insurer.
What happened
On a night in September 2019, Charles Schelmety Sr., an 84-year-old man, was walking in Orlando near Gringos Locos restaurant when a vehicle struck him and the driver fled the scene. Schelmety Sr. died from his injuries. His family retained Justin Shapiro of Leesfield and Partners.
Florida Highway Patrol investigators identified the vehicle and traced ownership to Jeffrey Jackson. His son, John Jackman, was the person who regularly used the car. When Shapiro's investigation reached the insurance claim stage, both Jackson and Jackman invoked the Fifth Amendment, refusing to provide statements to their own auto insurer about what had happened that night.
That silence created a significant legal obstacle. With neither the registered owner nor the driver willing to cooperate, the insurer had a basis to argue that it could not properly evaluate the claim. Shapiro pushed forward on a presuit basis, building the case from law enforcement records, scene evidence, and the available vehicle identification rather than from any admission or cooperation from the responsible parties.
Without filing a lawsuit, Shapiro secured a $1.25 million settlement for the Schelmety family. The resolution came before any complaint was filed in court, meaning the family received full compensation at an early stage, avoiding the delay and cost of prolonged litigation.
The settlement was reported by the Daily Business Review on January 13, 2020, covering Shapiro's work as a Miami-based attorney who overcame the coverage and liability obstacles created by the Fifth Amendment invocations.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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