Ruling Affirmed: Florida Fifth District Court of Appeal (Trucking Negligence)

Orlando Partners, Michael D’Lugo and Kurt Spengler, recently prevailed in a matter heard by the Florida Fifth District Court of Appeal.

The underlying case involved the trial of a trucking negligence case with a husband and wife as co-plaintiffs. There was a total of nearly $780,000 in boardable meds at the trial, and Plaintiffs’ counsel asked the jury for $4 million at closing. The evidence showed that our insured truck driver was moving at very low rate of speed when the collision occurred and as a result, the jury found no causation between the collision and Plaintiffs’ subsequent medical procedures, and returned a complete defense verdict in October 2022.

Plaintiffs filed their Motion for New Trial after the verdict, claiming that the jury disregarded part of the jury instructions before rendering their verdict. That motion was denied by the trial court, and the case was then appealed to the Fifth DCA. In our Answer Brief, Mr. D’Lugo argued that Plaintiffs had no legitimate grounds to request a new trial, as there had been no error on the part of the trial court. On February 4, the Fifth DCA issued a per curiam affirmance of the trial court’s ruling.

Congratulations Michael and Kurt on this great result.