Cyclist Struck and Killed by Lakeridge Winery By Moody Law | Personal Injury Attorneys on November 22, 2010

This accident involved an 84-year-old woman, Jessie Leiser, of Clermont, Florida, left the roadway and struck 53-year-old Harry Nickell, of Howey-in-the-Hills, Florida.  Nickell was going south on the paved shoulder of Highway 27 near Libby No. 3 Road at approximately 7:20 a.m. when he was struck by Leiser.  Nickell was taken to South Lake Hospital where he died.  Leiser struck the rear-end of the bicycle.  It is unknown why Leiser left the roadway.  Leiser's passenger, Charles Leiser, 85, sustained minor injuries from the accident.  This car accident is still under investigation.

This car accident involves discussion of a few components.  While it is not clear why Leiser left the roadway, almost any explanation except for an involuntary medical condition will likely result in a finding of negligence by a jury.  It is easy to jump to a conclusion that the age of the driver was a factor in the crash.  However, any driver can be distracted for a number of reasons.  This accident appears to be the result of negligence regardless of age as there is no indication that Nickell was doing anything improper.  Nickell's estate and survivors do have a claim against Leiser.  In addition, there should be a $5,000 PIP death benefit available to the family members from Nickell's own auto carrier.  Another component of this case is the injury to the passenger.  In virtually all insurance policies, there is a family member exclusion or exception.  This means that a passenger normally has a right to claim damages against the driver of a motor vehicle except when the driver is a family member.  Family member is usually defined within the policy itself.  Notwithstanding a family member exclusion or exception, this passenger should have PIP and/or medical payment coverage available as a result of this crash.

If you or a loved one has been involved in a car accident in the Central Florida area, you may need to speak with a Central Florida personal injury, wrongful death, or car accident lawyer.  A consultation with a Central Florida personal injury, wrongful death, or car accident lawyer is free.  Home and hospital visits are available upon request.

Related to This

Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090

Contact Us Today



“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the hold process, everyone has been helpful in helping us to resolve this matter.”

Rate, Review & Explore

Social Accounts Sprite

Bartow (next to courthouse)

575 N Broadway Ave
Bartow, FL 33830

Open Today 24 hours

Lakeland Office

1905 U.S. 98
Lakeland, FL 33801

Open Today 24 hours

What is the best time for you?

Add additional time

Which location would you prefer?

Tell us a bit about yourself...

(863) 733-9090 Send a message