Kira Saner, a 39-year-old wife and mother, was commuting home from her waitressing shift in Key West on her scooter the night of October 30, 2021, when Jeffrey Schnierle drifted into her lane near the 24 North Hotel on North Roosevelt Boulevard.
Before the head-on collision that took Kira's life, Schnierle had been drinking for hours at Fantasy Fest.
Kira Saner's husband, Russ, was represented by The Law Offices of Sean M. Cleary in pursuing justice following this preventable tragedy, who managed to secure a $7.5 million judgment despite substantial legal obstacles.
A Devastating Loss and Complex Legal Challenges
She is survived by her husband and two children, both of whom serve in the United States Navy and Air Force. Toxicology results showed Schnierle's blood alcohol content was .24, three times Florida's legal limit of .08. Minutes after the crash, Schnierle pulled into a parking lot and took his own life when police arrived, ending any possibility of criminal prosecution and creating significant hurdles for the family's civil claim.
Overcoming the Obstacle of a Deceased Defendant
Schnierle's suicide eliminated the standard path to accountability. Criminal prosecution ended with his death, leaving the Saner family without the closure that a trial might have provided. Since the defendant could no longer be sued directly, our firm was forced to pursue civil claims.
We began investigating all possible insurance coverage, including Schnierle's auto insurance policy and any applicable umbrella policies. We analyzed Florida's wrongful death statutes to identify every possible remedy and developed a strategy to navigate procedural complexities that arise when defendants die before matters are resolved. Although Schnierle's death created legal barriers, we maintained the family's compensation rights.
Building the Evidence for Extreme Intoxication
The case strategy was developed based on a blood alcohol level of .24. A toxicology report was provided to the court to explain how this level of intoxication affected driving ability. As Schnierle was driving while intoxicated three times the legal limit, his judgment, depth perception, and reaction time would have been seriously compromised.
The route Schnierle took before the collision was documented, and evidence of his drinking pattern was collected from Fantasy Fest that night. Witness statements placed him driving erratically before he crossed into Kira's lane. This evidence established that his decision to drive while extremely intoxicated demonstrated reckless disregard for human life, opening the door to punitive damages.
Calculating the Full Scope of Damages
We worked closely with the Saner family throughout the process of documenting their loss. The economic damages include Kira's lost earnings over the life expectancy of her expected contribution, household services, and funeral expenses. We helped the family articulate Kira's immeasurable impact, advice, and presence in their lives so that non-economic damages could be established.
Russ lost both his wife and partner. Losing their mothers while in the military was difficult for the children. The sudden death of Kira devastated her family and friends on a psychological and emotional level.
Securing Punitive Damages for Egregious Conduct with Attorney Sean M. Cleary
Blood alcohol concentrations of .24 or higher are considered to be reckless disregard for the safety of other road users. Due to Schnierle's extreme intoxication, punitive damages were warranted as punishment for his egregious behavior.
The Law Offices of Sean M. Cleary assisted the Saner family throughout this complex wrongful death lawsuit. By navigating the procedural hurdles caused by the defendant's death, we were able to demonstrate reckless disregard and obtain maximum compensation, including punitive damages. As a result of this case, the Saner family received a $7.5 million judgment, including punitive damages.
Our Miami office can help you pursue the justice and compensation your family deserves if you have lost someone to a drunk driver. Feel free to contact us for a free consultation.