Personal Injury

The News Herald
Panama City Florida
MIKE CAZALAS

One of the largest personal-injury awards in Bay County history was decided Thursday for an elderly man who said an unlicensed, under-aged car wash employee backed into his bicycle three years ago.

A jury awarded $330,000 to Steve Shimak, 76, and another $130,000 to his wife Irene. Irene Shimak, 74, received damages for the loss of her husband’s “comfort, support and services,” according to one of their attorneys, Marcus Michles of Kerrigan Estess Rankin & McLeod. Randy Thompson was co-counsel.

“The case was a negligence claim for injuries to Mr. Shimak, who is a fantastic, charming, 73-year-old man (at the time) who was riding his bike on the sidewalk in front of Beach Car Wash on Front Beach Road,” Michles said. “And he was backed into by an employee of the car wash who was driving a customer’s truck.”

It was not known whether the defendant would appeal the verdict. Beach Car Wash & Detail Shop owner Raymond Herring said he was advised by his attorney not to comment, “at this time. We would just like to emphasize at this time.”

The accident occurred July 3, 1996. Michles said Shimak suffered a compression fracture to his 12th thoracic vertebrae. And he said Shimak. an active hunter and fisherman who shared that time with his son Steven and grandson Shamus, has had to use a walker ever since.

“It ultimately led to a bilateral hip replacement.” Michles said. “And it’s just a shame. Honestly, he’s like a little leprechaun. “He’s just this wonderful, always laughing, wonderful man. I would say I have never represented a more deserving couple.”

Shimak is retired from the U.S. Navy and has been in Bay County about 35 years. He could not be reached for comment Friday.

Michles said the size of the award showed two things: jurors didn’t believe the defense that Shimak “rode his bicycle into the side of this pickup truck,” and that the business was negligent in letting an unlicensed, underage person move a customer’s vehicle.

“This is the biggest that I’ve heard of in some time,” he said of the jury’s award. “I sincerely believe that this jury was intelligent and compassionate and understood what this family had been through.”