$2 Million Verdict in Tow Truck Injury Case

In January 2022, Rosvel Gonzalez, a 52-year-old welder, was working as an independent contractor at a metal fabrication shop in Naples, Florida, when a routine repair job took a catastrophic turn. While performing maintenance on a flatbed tow truck, Gonzalez was pinned beneath the truck’s bed. According to his lawsuit, the bed was moved without warning by tow truck driver Marcos Soto, causing severe physical trauma.

Gonzalez suffered a fractured pelvis and spine, a ruptured spleen and gallbladder, and crushed intestines. He underwent at least three surgeries to address his injuries, which his legal team described as life-altering. "He was once a successful welder and active grandfather, and now is forced to live with physical limitations that affect his ability to provide, travel, maintain relationships, and engage in everyday activities," said Abiel Ors of Morgan & Morgan PA, who represented Gonzalez.

The Allegations

Gonzalez filed suit in July 2022 against AMF Metal Fab LLC and Marcos Soto. He claimed Soto failed to provide any warning before operating the flatbed, directly leading to the incident. Although AMF Metal Fab denied liability, asserting the incident did not occur on its property and that there was no link between property ownership and the accident, Gonzalez countered that a corporate representative from AMF had directed Soto to park the truck in a specific location for the repair, creating a hazardous work zone.

Soto, during a March 2024 deposition, testified that he was merely following Gonzalez’s instructions to test the functionality of the flatbed after repairs. However, he admitted to not recalling any prior safety discussions or using a spotter. “I just did what he told me to do — but, you know, the bed goes at a certain speed, and that's probably what — what got him in trouble,” Soto said.

The Trial

The case proceeded to trial in Collier County, Florida. After four days of testimony, the jury found both AMF Metal Fab and Soto negligent, while also assigning partial responsibility to Gonzalez. The jury awarded Gonzalez $2 million in damages, acknowledging the extensive and permanent impact of his injuries.

A pivotal moment came in the form of Gonzalez’s own testimony. He recounted how he was collecting tools between the flatbed and cab when the bed began to move. “I only tried to lift my hand in order to hit the rack where the bed is, but I wasn't able to,” Gonzalez said. “Everything started to crack. I couldn't yell. My ears started to crack, and then after that, I didn't know any else after that.”

Before the trial, the defendants had extended a $30,000 settlement offer, which Gonzalez rejected. Ultimately, the jury sided with the plaintiff, recognizing the severity and lasting consequences of the incident.

The Settlement

Although the jury rendered a verdict, Soto and his business, Marcos Free Towing Inc., were voluntarily dismissed from the case on the day of the verdict following a confidential settlement agreement. The remaining liability and damages were attributed to AMF Metal Fab, which was found to have played a central role in creating the unsafe working environment.

The Law Firms Involved

Rosvel Gonzalez was represented by Morgan & Morgan PA, including attorneys Abiel Ors, Grant Gillenwater, and Angela Agostino. AMF Metal Fab and Marcos Soto were represented by Cole Scott & Kissane PA, with attorneys Gregory T. Bevillard and Nicholas C. Idler.