Victim's parents sue Sebastian doctor on trial in fatal hit-and-run

VERO BEACH — A Sebastian doctor who was driving home in her SUV when she struck and killed a 33-year-old pedestrian along County Road 512 "fled the scene" instead of stopping to render aid to the mortally injured victim, his parents claimed in an Indian River County civil lawsuit seeking compensation from the doctor for the loss of their son.

The parents of Nick Kenesky of Sebastian, who was struck and killed as he walked home after work on April 27, 2016, filed a wrongful death lawsuit against Dr. Angela Shelton of Sebastian, who told authorities she thought she had struck a road sign and did not exit her Buick Enclave SUV at the scene.

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The victim's parents, Thomas and Kim Kenesky, are seeking a jury trial. 

"This is an action of negligence," attorney Douglas N. Burnett of St. Augustine said in filing the lawsuit on behalf of the victim's parents.

"Defendant owed a duty to decedent Nickolas Kenesky to act with reasonable care while in operation of the motor vehicle," Burnett wrote in his petition.

Shelton's civil attorney, John Wilkes of Boca Raton, responded to the parents' claim by saying their son's consumption of alcohol and use of illegal drugs contributed to his own demise.

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Writing on behalf of Shelton, Wilkes wrote in his response to the parents' complaint: "Nickolas Kenesky was negligent, and that negligence caused or contributed to the damages alleged.

"Nickolas Kenesky's negligence includes, but is not limited to, the consumption of alcohol and/or illegal drugs such that he was impaired and unable to perceive his surroundings, therefore placing himself in danger."

No date has been set for the civil trial before Circuit Judge Paul B. Kanarek. 

Shelton this week is facing a criminal trial in the Indian River County courthouse before Circuit Judge Cynthia L. Cox, charged with leaving the scene of an accident involving death. If convicted, she could face up to 30 years in prison.

The trial resumes Thursday.

Tuesday, the eight-member jury in that case viewed dozens of photographs of the scene where Kenesky died, and Shelton's Buick Enclave SUV, which was impounded after she was arrested and charged, was available for jurors to inspect.

According to testimony, Shelton's vehicle struck Kenesky about 9 p.m. after she exited Interstate 95 and was approaching 104th Avenue.

In a hearing last week, Cox heard arguments from attorneys for both sides on whether evidence could be introduced about Nickolas Kenesky's use of illegal drugs.

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Attorney Kepler Funk of Melbourne, who represents Shelton, told Cox that toxicology tests of Kenesky revealed he was under the influence of the opioid fentanyl, a pain medication that can be made illegally and used as a recreational drug. 

Funk cited Kenesky's "erratic behavior" in which Kenesky was "not walking like a normal, sober human being."

Assistant State Attorney Brian Workman told Cox the victim's drug use is not relevant because Shelton testified she hit a road sign and could not have known the victim's level of sobriety or intoxication.

"Whether or not Mr. Kenesky had controlled substances in his blood is not the issue," Workman argued. "The jury shouldn't be drawn into who caused the crash, as opposed to what did the defendant did after the crash."

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Cox ruled last week that the types of drugs found in Kenesky's system could not be revealed to the jury at trial.

In a taped interview with Florida Highway Patrol Cpl. Garrett Shuman, Shelton said she turned backward briefly while driving to see why her dog was barking and did not see Kenesky and thought she had struck a road sign.

Shuman testified that at Shelton's home, he discovered damage to her SUV's "right front fender, hood, bumper and headlight."

Shelton is the medical director of Ideal Image in Viera in Brevard County. Kenesky worked as a master electrician. Shelton was returning home after having dinner with a friend in Viera and Kenesky was on his way home from work when he was struck.