On February 6, 1997, Katherine and Elizabeth Jackson were hit by a drunk driver in the Hunter's Green subdivision located in Hillsborough County, Florida. Katherine was killed and her sister suffered serious brain damage, leaving her permanently disabled. The parents of Katherine and Elizabeth, Debra and Tom Jackson, are now suing the developers of Hunter's Green, Markborough Development Co., for medical expenses and retribution for their daughter's death.

While the developer maintains that it is sorry for what has happened, the company does not believe that it is responsible for the accident; rather, the developer blames the drunk driver. A six-person jury will now decide who is to blame for the accident and what damages, if any, the Jacksons should receive.

At the time of the accident, Harold Vann, the intoxicated driver, ran a red light at Bruce B. Downs Boulevard and crashed into the car carrying the two children. The Jacksons believe that the developer planted the wrong trees in the wrong areas. These trees and shrubs made it very difficult for drivers to see the turn into the Hunter's Green subdivision. Lawyers for the Jacksons also stated that the Hunter's Green Community Association failed to properly maintain the trees and shrubs. To support their claim, lawyers for the Jacksons submitted testimony from landscape experts stating that the trees and shrubs did not meet visibility standards.

Defense attorneys countered these arguments by providing their own witnesses to demonstrate that the trees had nothing to do with the accident. They also provided data that showed that no one else in the 2,000 home subdivision complained about the median landscape at any time since its planting in 1994. In addition, the developer commented that Hillsborough County approved the landscape plans.

The Jacksons are seeking $14.5 million to cover the medical expenses of their surviving daughter and for compensation for the wrongful death of their other daughter. While the developer still maintains that it is not responsible for the accident, the company says that any damages awarded to the Jacksons should be far less than $14.5 million.