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Wrongful Death Case Against Jamesine Fischer: Insurer Settles for $1.25 Million

| February 9, 2012

Francoise Pecqueur, last summer.

Jamesine Fischer, the 55-year-old wife of Flagler County School Board member John Fischer, was served with a wrongful death lawsuit on Jan. 27, two and a half months after Jamesine, driving on Columbia Lane, struck Francoise Pecqueur as Pecqueur was walking her dog. Fischer, at the scene, never called 911, according to witnesses, and her husband only called authorities 12 hours after the accident, initially claiming Jamesine had hit a dog. Pecqueur died two days later.

On Monday (Feb. 6), the Fischers’ insurer, State Farm, settled the case for $1.25 million, the News-Journal’s Frank Fernandez reports today. “I would say due to the egregious nature of Ms. Fischer’s conduct that that prompted State Farm to settle the matter sooner rather than later,” Allan Ziffra, who’s representing Pecqueur’s daughter, is quoted as saying. “Our position is that Fischer’s conduct was beyond the boundaries of human decency and Catherine will pursue justice for the loss of her mother,” the attorney said, referring to Jamesine Fischer.

The settlement documents had not made it into the court files Thursday morning.

The wrongful death lawsuit was filed by Catherine Vyvyan, Pecqueur’s daughter. The settlement closes the civil matter. It is not related to the criminal investigation, which the Florida Highway Patrol has not yet concluded. By neither calling 911 nor reporting the accident 12 hours after it had occurred, Fischer may yet face criminal charges. She is represented by attorney Steve Alexander.

Pecqueur was struck sometime in the early evening of Nov. 10 as she was walking her dog in the vicinity of her boyfriend’s house. A resident, Jules Prockter, was driving by when he saw Pecqueur in the grass. He called 911. Fischer was reportedly at the scene–Prockter tells the 911 dispatcher that there was another woman there–but had not called authorities. And when paramedics arrived, the case was treated as a fall. Pecqueur was unconscious, with blood coming out of her mouth. She never regained consciousness. Only hospital personnel dismissed the report of a fall, concluding that blunt force had resulted in Pecqueur’s injuries.

Meanwhile, Fischer went home. At around 5:30 in the morning the next day, her husband John called Flagler County Sheriff Don Fleming. Even then, the sheriff said Fischer told him his wife might have hit “an animal.” The sheriff told Fischer to call 911. Fischer and the sheriff would subsequently have five more conversations by phone (for a total of three calls from each side). Fleming said he reached out to Fischer as a friend to make sure he was following through on calling authorities. It is possible the sheriff may have recommended Alexander for Jamesine. Alexander had also represented Fleming’s son subsequent to the younger Fleming’s arrest on an illegal prescription drug possession case.

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27 Responses for “Wrongful Death Case Against Jamesine Fischer: Insurer Settles for $1.25 Million”

  1. Magica De Spell via Facebook says:

    I hope she gets the death penalty. What a horrible thing to do! Own up, lady- you are a D—–.

    • Layla says:

      Surely you don’t mean that. She made a horrible decision and will pay for that the rest of her life. It could have happened to anyone and is a lesson to us to take responsibility for our actions. Would have been far better for her.

      Both families have been torn apart.

  2. palmcoaster says:

    Political reasons..? I don’t think so!

    • Oneofthe10%whovoted says:

      This entire situation is disgusting and the sheriff’s actions need to be thoroughly investigated. Friend or not, he forgot his duty to Mrs.Pecquer and her family.

  3. Walters Anissa via Facebook says:

    Okay the Civil Matter is settled… How about the criminal matter????

  4. So that’s what they think a human life is worth. Seems kind of cheap. Accidents can happen to anyone, but is this the value of human life in our society?

  5. roco says:

    If Fisher can’t tell the difference between a dog and a person when she looked at what she hit she must have been stoned or under the influence.. Why does it take so long for this investagation to conclude to that???

  6. Shelly Edmonson via Facebook says:

    Prayers for all involved.

  7. Lori Cooke-Young via Facebook says:

    Insurance companies should not be paying this at all. Mrs. Fischer should pay this entire amount on her own as part of her punishment. RIP Mrs. Pecqueur.

  8. Bullgator2410 says:

    LOL, the sheriff may have recommeneded Alexander?! who in the hell wouldn’t recommend Steve Alexander? Whether the Sheriff’s son used him or not, Steve Alexander is a bust your balls ex Chief Prosecutor who far out performs 99% of defense attorneys. Choosing him would be a no brainer that the Sheriff wouldn’t have to suggest to me. Check out some of Steve’s cases and you’ll see……………….

  9. Mrs. Fischer should be in jail, never drive again and have the decency to admit what she did instead of hiding behind Flagler County’s “officials”

  10. says:

    you see, the reason why the insurance company paid out before the criminal charges and conviction if both take place, would come down to more money being paid out by the insurance company more than the 1.25this way everyone involve signs off at that amount and the insurance company is out of the picture, does this make sense to anyone? let me know if you think that is so.

  11. Gia says:

    Fisher should go in prison because she knew exactly she hit a pedestrian. She is trying to cover it up with political influence. She knew she hit something she should have stop, no excuses. Any body else would be canned.

  12. John Smith says:

    JUSTICE IS SERVED for just 1.25, this is so much BS She is in the same rank as CASEY ANTHONY they both are disgusting. Death of a HUMAN BEING means NOTHING>

  13. Sandra Reynolds via Facebook says:

    John: This was not an accident. A bird dropping out of the sky and landing on your windshield is an accident. This was a “crash” that went bad, sorrowfully wrong. What kind of policy did this woman have? I never knew they would cover a driver for that much.

  14. Sandra Reynolds via Facebook says:

    This was settled pretty quickly don’t you think?

  15. Geezer Butler says:

    Every time I read about this incident, I am left to wonder how it’s possible that the sheriff had six phone conversations over a “dead animal” on the road. Six phone calls!

    To date, only State Farm has paid anything towards the life of Francoise Pecqueur.

    An overflowing cesspool, or is the stench coming from Justice Lane?

  16. Doug Chozianin says:


  17. agnese says:

    I have never heard of an insurance company acting so quickly, makes me wonder what else has been going on that the we will never know ??

  18. palmcoaster says:

    @agnese. That “we will never know” is up to us all in this county, to let these several crimes to go unpunished. I can’t believe that Mrs Reid daughter killed also by a driver distraction that went off the road has not major significance or development. The mother of this lady was killed while jogging and, she has not presented any claim for a settlement? Do anyone here know anything about it? Is Mrs Reid daughter pressured about not presenting a claim, because even if the tragic distraction of driver Mr. Castanheira (known to be a good person) was deemed “an accident” still Mrs. Reid family deserves compensation for her loss .Whatever happened to the ghost driver that killed Mr. Taylor riding his bike on the shoulder of Moody Blvd. right in front of the Justice Center….? There are surveillance cameras for that structure there, right? We need the FBI here to come and reopen these investigations starting with Kevin Henderson’s family case.

    • palm coast woman says:

      why does the the the story about jaime fisher start with school board member john fisher??was he their? i think time will tell! we always have to pay the price!! what a thing to live with (i want my freedom to keep driving )but i am not responsible for for the woman who died!!!

  19. Nancy N says:

    How about instead of trying, convicting and executing this woman in the media based on rumor, speculation and innuendo we wait for the actual justice system to do its work? That is what it is there for. We as citizens pay those people to do a job for us. Let them do it instead of anonymously calling for mob justice via virtual lynchings.

    All of you who are complaining about how long this is taking meaning something is off the tracks with the investigation have obviously never had contact with the criminal justice system. Investigations in criminal cases can be mind-numbingly slow to reach conclusions. That’s just the way it is as it takes time to do things thoroughly and a certain way. We’ve become a culture of instant gratification. We want everything NOW. But some things can’t be immediate to be done right and well. Be patient and give the system the time it needs to do its work correctly.

    And no, I’m not a friend or associate of anyone involved in this incident. Just someone who knows a bit about cases like this who’d like to see real justice done instead of mob justice served. We’re better than that. Or we are supposed to be, anyway…

  20. palmcoaster says:

    This investigation is far from over. Why the refusal to provide records?
    We need the FBI in this county to investigate the unpunished crimes and also the developers special interest controlling our elected and administrative county and cities officials in their favor while eroding the taxpayers well being and safety.

  21. Mary Fuller says:

    After reading a number of articles on here about this tragic “accident” I have to wonder why the paramedics couldn’t or didn’t realize that this was more than a fall and contact the police, how does a non professional realize it was more than a fall if the professionals can’t? Mrs. Fischer did not leave the scene until the paramedics and others had left. Mrs. Fischer did not leave this lady to lay there, she tried to help her if the reports I read are in fact true. I pray for all parties involved in this terrible accident. I had a loved one killed in an accident but I prayed for the person who was also involved that had to live with the memory of that day all their life. We don’t know what we would do in a similar situation and lets all pray we never have to find out. My heart goes out to the family of the lady who passed away but it goes out to the Fischer family too.

  22. marcy and bruce hartung says:

    this story has haunted me from the first day I heard about it–talk about preferential treatment–some people think they are above the law–6 phone calls between husband and sherriff??? about an animal???–hope the law follows through.

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