A motorist involved in a Nov. 29, 2021, traffic collision is facing criminal charges.
Ellenton resident Michael Fitzgerald, 59, is facing a third-degree felony charge for allegedly driving under the influence with serious bodily injury. The collision left Anna Maria resident Jana Samuels, 79, hospitalized.
The collision occurred in the 6800 block of Palm Drive in Holmes Beach when Fitzgerald allegedly swerved into oncoming traffic and crashed into a golf cart driven by Samuels.
Samuels was hospitalized in critical condition at HCA Florida Blake Hospital in Bradenton, where she remained in intensive care into February.
The incident left Samuels with multiple fractures in her right hand, right leg and back. She also suffered internal bleeding, head trauma and damage to her spleen, according to court documents.
Samuels’ attorney, Allan Crosby Crane of the Tampa-based Morgan & Morgan law firm, declined to comment on his client’s health in a July 28 email to The Islander.
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 police to draw blood for drug and alcohol testing during medical treatment.
A Feb. 7 Florida Department of Law Enforcement laboratory report found Fitzgerald tested positive for THC, the primary psychoactive component in marijuana, and Xanax.
The state attorney’s office issued a capias April 14 for Fitzgerald’s arrest, which Manatee County Sheriff’s Office Deputy Oliver Bahnsen served April 19, arresting Fitzgerald and transporting him to the Manatee County jail.
Fitzgerald was released the same day on a $1,500 bond.
Fitzgerald’s attorney, Thomas Hudson of the Sarasota-based Hudson Law Office, filed a plea of not guilty April 29 on behalf of his client.
Punishments for a third-degree felony include up to five years in prison, five years of probation and a $5,000 fine.
In the meantime, Samuels is seeking at least $30,000 in damages from Fitzgerald and Trulieve under claims of negligence, dangerous instrumentality and vicarious liability.
The complaint alleges that Samuels “suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life” and more.
The next court hearing in the civil case was not scheduled as of July 29.
A court hearing in the criminal case will be at 1:30 p.m. Monday, Aug. 22, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.