FDLE crash investigation: THC, Xanax in motorist’s system, victim sues

thumb image
People stand Nov. 29, 2021, around a golf cart that was struck head-on by a vehicle that swerved into its lane, leaving the cart’s operator, Anna Maria resident Jana Samuels, in critical condition. Islander File Photo: HBPD

A Nov. 29, 2021, traffic collision may have been the result of one driver’s drug-induced impairment.

A Feb. 7 laboratory report from the Florida Department of Law Enforcement found Ellenton resident Michael Fitzgerald, 59, had tested positive for THC and generic Xanax after he swerved into oncoming traffic and collided with a golf cart driven by Anna Maria resident Jana Samuels, 79.

The collision, which occurred at about 11:47 a.m. in the 6800 block of Palm Drive in Holmes Beach, left Samuels in critical condition and resulted in her hospitalization at Blake Medical Center in Bradenton.

Samuels remained in the intensive care unit as of Feb. 14, according to daughter Shona Otto.

Fitzgerald, a delivery driver for New Port Richey-based Trulieve Inc., a chain of medical marijuana dispensaries, displayed signs of impairment during the incident and allowed first responders to draw blood for drug and alcohol testing during medical treatment.

In lieu of test results, police cited Fitzgerald for careless driving and sent the blood draw to the FDLE for lab testing.

Authorities had not charged Fitzgerald with driving under the influence — a second-degree misdemeanor for a first-time offense — as of Feb. 18, according to the Manatee County Clerk of Court’s website, records.manateeclerk.com.

Samuels attorney, Allan Crosby Crane of the Tampa-based Morgan & Morgan law firm, filed a civil lawsuit Dec. 22, 2021, against Fitzgerald and Trulieve, seeking at least $30,000 in damages and requesting a jury trial.

The complaint alleges that, due to the collision, Samuels “suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life” and more.

A hearing to discuss the complaint had not been scheduled as of Feb. 17.