Woman charged in high-speed fatal crash seeks nearly $50K from victim's insurer
A Naples woman charged in a high-speed crash that killed a 19-year-old Cape Coral woman has sued the victim's insurer, asking for relief in damages.
Justine Fagan, 48, on July 31 filed a motion for summary judgment, seeking compensation for her medical expenses from Progressive in the January 2022 wreck. An attachment of the expenses indicates NCH Baker Hospital charged her $49,488.44.
Fagan, represented by attorney James Zonas in the criminal and civil cases, is asking that a jury trial focus on the relief, court records indicate. In her criminal case, she faces charges of vehicle homicide in the Jan. 27, 2022, crash that killed Maria Fernanda Valdiviezo Solis.
Zonas said Fagan and Valdiviezo Solis were insured by Progressive when the crash happened.
"It's a very interesting case," he said. "It's a civil case at most."
Fagan alleges that she completed her pass of another car before the wreck; that Valdiviezo Solis failed to yield; and that Fagan didn't have an opportunity to stop.
In her recent motion, she argues that there can be no real dispute about material facts and that she's entitled to win the case. She lists two counts in her lawsuit — uninsured motorist coverage of Progressive and bad faith claims practices against Progressive.
"She was a mom late to pick up her daughter," Zonas said, adding that Valdiviezo Solis, who had her learner's permit at the time, ran the stop sign.
Zonas said authorities also clashed over what lane the crash happened in.
"They waited eight months from the date of the crash to make an arrest," he said. "It took eight months to interview witnesses."
He said witnesses also disagreed as to whether Fagan was riving recklessly.
Troopers with the Florida Highway Patrol arrested Fagan on Aug. 19, 2022. The jury trial in the criminal case is set Oct. 2 before Collier Circuit Judge Elizabeth Krier.
Fagan was traveling north on Everglades Boulevard North, actively passing other traffic, as she approached 43rd Avenue Northeast.
The second car, driven by Valdiviezo Solis, stopped for a stop sign on 43rd Avenue Northeast, and attempted a left turn onto Everglades Boulevard North, in Rural Estates, the crash report states.
The front of Fagan's car collided with the driver's side of Valdiviezo Solis' vehicle. The crash as nearby children exited at their bus stop, records indicate.
Everglades Boulevard North was a two-way, undivided road, according to the report and is designated 45 mph, records show.
Witnesses told investigators they saw Fagan driving recklessly and was passing traffic at high speed as she entered the intersection.
Authorities didn't notice impairment due to alcohol when they spoke with Fagan, according to the report.
When troopers received authorization from Collier Circuit Judge John McGowan, they began downloading the data from Fagan's car, the report says. They determined Fagan was driving at 87 mph in a 45 mph area.
Fagan, who pleaded not guilty Sept. 12, 2022, was released on a $75,000 bond on June 13.
The Daily News couldn't immediately reach Valdiviezo Solis' brother, Christopher Simo, nor Yudelkis Frenes Simo, who lives with them.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran, Facebook @tomasrodrigueznews and Twitter @TomasFRoBeltran.
This article originally appeared on Naples Daily News: Woman charged in fatal wreck seeks nearly $50K in relief
