Wicker, Smith, O'Hara, McCoy & Ford, P.A.
  • Profile
    • Firm Overview
    • Key Cases
    • Clients
    • Community Involvement
    • Member USLaw
  • Practices
    • Leftsidemenu
      • Aviation
      • Commercial Litigation
      • Construction
      • Family Law
      • Healthcare
      • Mass Torts / Class Action
    • Rightsidemenu
      • Non-profit and Religious Institutions
      • Probate, Tax & Real Estate
      • Products Liability
      • Professional Liability
      • Retail
      • Transportation
  • Professionals
  • Places
  • Perspectives
  • Contact
    • Contact
    • Careers
  • Search
  • Menu
News and Views

Wicker Smith’s Sarasota Team Receives a Defense Verdict in Premise Liability Case!

August 13, 2021     Featured News, Firm Announcements, Firm News by c.echeverria

SARASOTA – JULY 26, 2021 –Wicker Smith O’Hara McCoy & Ford P.A.’s Douglas B. Lumpkin, Michael T. Polk, and Andi Easterling received a defense verdict in Manatee County in a premise liability case involving a minor child in a utility terrain vehicle (UTV) accident. The Plaintiff’s demand totaled $4.9 million and included alleged symptoms associated with permanent traumatic brain injury. Wicker Smith attorneys proved to the jury that despite an accident, neither the owner nor operator of the UTV were negligent, thus rendering a defense verdict.  Wicker Smith’s Sarasota team, after seeking opinions from medical experts concerning the Plaintiff’s current condition, also argued that while the Plaintiff did experience a concussion, her symptoms resolved eleven (11) months after the accident.

Factually, the client’s 12 year-old daughter was driving a UTV with 4 passengers between the ages of 11 and 12 years old when the vehicle tipped on its side. The Plaintiff (11 years-old at the time) struck her head on the vehicle’s metal roll bar during the accident. The vehicle’s owner’s manual and safety stickers, which were admitted into evidence, recommended drivers be at least 16 years old with a driver’s license, as well as the use of helmets and seatbelts for all occupants. In this case, seatbelts and safety equipment were not used by the driver or its five minor passengers in a vehicle designed for two. However, the owner’s minor daughter had extensive experience operating these types of vehicles.  The owner also testified that he was supervising the activity at a nearby fence.

During court proceedings, Count I stated a claim for negligent operation of a UTV by the minor driver. The second count was for negligent supervision, and Count III for past and future medical expenses.

Later in the day after the accident, the Plaintiff was taken to a hospital and was diagnosed with a concussion / traumatic brain injury.  She followed up with a children’s hospital and treated in the concussion clinic for 11 months for a “significant brain injury.”  The Plaintiff was discharged when her treating physician determined the concussion had resolved. She later sought psychological counseling for a mood disorder that the parents related to the accident, including drastic changes in personality, memory loss and headache. After a long gap in treatment, Plaintiff’s counsel retained neurology, radiology, and biomechanical experts that opined the Plaintiff suffered a permanent traumatic brain injury. Over a Daubert objection, the court allowed the Plaintiff to introduce brain volumetric analysis via NeuroQuant that showed several areas of her brain were in the 1-5 percentile indicative of severe atrophy.  Radiology imaging also suggested an iron deposit may have been left over from a traumatic brain bleed. The biomechanical expert equated the impact to being hit by a baseball going 35 – 50+ mph without a helmet. As a result, the Plaintiff sought $4.9 million in total economic and non-economic damages.

Wicker Smith retained medical experts including a neuro-radiologist and neuropsychologist who testified that while Plaintiff did incur a concussion, it was not a permanent condition. The defense also introduced social media videos to contradict Plaintiff’s claim for damages.  After 6 days at trial, the jury returned a defense verdict in approximately 2 hours.  Post-trial motions, including Defendant’s Motion for Attorney Fees and Costs, are pending.

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Google+
  • Share on Pinterest
  • Share on Linkedin
  • Share on Tumblr
  • Share by Mail

News Details

Related ProfessionalsDouglas B. Lumpkin
Michael T. Polk
Andi Easterling
PracticesRetail
OfficesSarasota

Recent News

  • FLORIDA TORT REFORM: Major Changes, What to Know, and Why
  • WICKER SMITH PARTNERS PUBLISHED IN USLAW MAGAZINE WINTER 2023 EDITION
  • WICKER SMITH FEATURED IN ATTORNEY AT LAW MAGAZINE: 70 YEARS OF UNPARALLELED SERVICE
  • WICKER SMITH’S AVIATION PRACTICE TEAM HAS TRIAL COURT’S SUMMARY JUDGMENT RULING AFFIRMED BY THE U.S. COURT OF APPEALS
  • WICKER SMITH NAMED TO 2023 “BEST LAW FIRMS” LIST BY U.S. NEWS – BEST LAWYERS®
WS Stacked Logo White 01
  • Profile
  • Professionals
  • Places
  • Perspectives
  • Contact

Connect with Us   LinkedIn


Member USLaw   USLaw Member

© 2022 Wicker Smith | Attorney Advertising | All Rights Reserved. - powered by Enfold WordPress Theme
  • Privacy Policy
  • Disclaimer
  • Sitemap
  • Careers
  • Contact
Judge Dismisses Trip & Fall Case for Fraud Following Disability Discov... Managing Partner Receives “Lawyer Of The Year” Distinction in the 2022 Edition...
Scroll to top

This site uses cookies. By continuing to browse the site, you are agreeing to our use of cookies.

OKLearn more

Cookie and Privacy Settings

How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, you cannot refuse them without impacting how our site functions. You can block or delete them by changing your browser settings and force blocking all cookies on this website.

Google Analytics Cookies

These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.

If you do not want that we track your visist to our site you can disable tracking in your browser here:

Other external services

We also use different external services like Google Webfonts, Google Maps and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Vimeo and Youtube video embeds: