Attorneys: Theresa Strub Caccippio, Danielle C. Favata

This was a rear end accident in which our client was driving a box truck. Plaintiff had $469,000 in medical bills and underwent a level 2 cervical fusion, two right knee surgeries and multiple injections and a lumbar rhizotomy. Plaintiff asked for a verdict of $2.375 million. The jury came back with a verdict of $21,600 on past medical bills, no future medicals and no past or future pain and suffering.

Attorneys: Kurt M. Spengler, Taira H. Towne

This case involved a low impact motor vehicle accident case in which Defendants’ garbage truck collided with the rear of a non-party’s vehicle, which then collided with the rear of Plaintiff’s vehicle. Defendants admitted fault. Plaintiff complained of neck and low back injuries with treatment totaling $136,000, most of which was provided under Letters of Protection. Defendants argued that there was no mechanism for injury present for the neck or low back and thus Plaintiff’s injuries were not caused by the accident. Defendants further argued that the treatment providers had an interest in the outcome of Plaintiff’s case due to her treatment under Letters of Protection, and that the providers’ bills were inflated. At trial, Plaintiff sought damages totaling $1,078,371. The jury rendered a complete defense verdict.

Attorneys: Michael E. Reed, Amy Ray

Plaintiff claimed injuries to her cervical spine, lumbar spine, and shoulder following a low impact rear-end accident. Defense exposed a prior accident with near-identical complaints and a subsequent accident with near-identical complaints along with serious credibility issues and LOP billing practices. The jury found there was no causation and returned a total defense verdict.

Attorneys: Jaime J. Baca

This was a rear-end collision case where liability and causation were both admitted. Plaintiff was 36 years old with a confirmed pars fracture of his L4-5, a lumbar herniation and multiple cervical herniations, with no prior complaints or injuries. He underwent a lumbar fusion and was recommended a cervical fusion at two levels. The medical bills were over $300,000 with another $150,000 in future medicals. Plaintiff asked the jury for $1.9 million dollars. The jury returned a verdict of $25,000, which was further reduced after set-offs. 

Attorneys: Robert E. Paradela

A rejected policy limits case that involved a T-bone collision with significant damage to both vehicles. Plaintiff was 30 years old at the time of the accident, with no prior medical history. He underwent a 2-level ACDF, multiple injections and lumbar rhizotomies. It was recommended that he have additional surgery to the cervical spine at two levels, as well as a future lumbar surgery. The medical bills were $270,000, with an $800,000 life care plan. The jury returned a verdict of no legal cause, and Plaintiff was awarded $0.

Attorneys: Kurt M. Spengler, Taira H. Towne, Devin Harvey

This case arose from a low impact garbage truck accident involving two plaintiffs. Plaintiff wife had five surgeries and $717k in boardable medications. She had prior complaints of low back pain, but no real treatment and no prior neck complaints. Plaintiff husband also sought back treatment and had $62k in boardable medications with no prior medical treatment. Plaintiffs asked the jury for $4 million, but the jury returned a total defense verdict.

Attorneys: J.J. “Spike” Wicker II, Rachel Studley

Plaintiff claimed to have suffered significant injuries including neck injuries requiring a discectomy with future surgical recommendations. Plaintiff claimed past and future medical bills at $467,796 with past and future pain and suffering at a minimum of $304,210 for a total request of a minimum of $771,996. The jury rejected Plaintiff’s claim and awarded zero.

Attorneys: Jaime J. Baca

This was a case that was aggressively pursued by Plaintiff’s counsel and a demand below the $1 million policy limits was never made. The carrier offered $250k prior to trial and was willing to offer up to $500k to resolve the case. Plaintiff had $198k in past medicals and a life care plan for future damages. Plaintiff asked the jury for $4.4 million. The defense argued that our driver did nothing wrong and that the Plaintiff’s injuries were pre-existing, and that they should only award $11k if they thought our driver was liable. The jury returned a verdict of no liability.

Attorneys: Theresa Strub Caccippio, Brandon M. Polsky

Contested liability case in which Defendant turned left in front of Plaintiff. The Plaintiff made claims of permanent injuries to his neck and low back, as well as claims of PTSD, TBI, anxiety, depression and vision loss. Plaintiff asked for $5.3 million in the closing argument. The jury found that Plaintiff did not sustain permanent injury, and returned a verdict placing 40% negligence on the Plaintiff and awarding $113,985. 

Attorneys: Kurt M. Spengler, Bryan A. Yasinsac

This was a rear end collision on I-95 in Brevard County, FL. Plaintiff was towing a flat-bed trailer at night without functioning lights on the trailer. Our client rear-ended the trailer due to the lack of lighting. The Plaintiff was taken from the scene to the hospital and claimed injuries to her neck, back, shoulders and knees as well as a traumatic brain injury from the accident. Plaintiff requested $1.2 million at trial, but our client received a defense verdict and $0 was awarded.

Attorneys: Michael E. Reed, Christopher A. Cazin, Sara J. Thompson, Jocelyn Nance
Tampa Partners, Mike Reed and Chris Cazin, and Tampa Associates, Sara J. Thompson and Jocelyn Nance, Esq., obtained a defense verdict in a trucking negligence case in Orange County, Florida. This case arose from a trucking accident that occurred on July 28, 2015. Our defendant driver was stopped in front of a car dealership in Orlando, driving a tractor trailer loaded with vehicles for delivery. Plaintiff was the passenger in a car stopped directly behind our vehicle. While backing up in an attempt to maneuver into the dealership, one of the vehicles on the tractor trailer impacted the Plaintiff’s vehicle. Our driver was issued a citation for improper backing. Despite evidence that showed the only damage to both vehicles were minor scrapes, Plaintiff claimed that the tractor-trailer pushed his vehicle back 30 feet and caused major damage to his vehicle. Plaintiff further claimed widespread disk herniations in his neck and lower back, necessitating two surgeries, and over $275k in past medical bills and $800k in future medical expenses and treatment. Throughout seven years of litigation, multiple good faith attempts to settle the case were rejected. Plaintiff’s counsel asked the jury for $4 million in closing arguments, but the jury found no negligence on the part of our driver that caused injury and returned a complete defense verdict in under two hours.

Attorneys: Robert E. Paradela, William E. Peters, Jr.
We represented the defendant carrier in this admitted liability underinsured motorist case regarding a rear-end accident on I-95. Plaintiffs claimed injuries to their neck and back, and also claimed surgeries to their shoulder and knee as a result of the accident. The soft tissue injuries were not disputed, but the medical records showed significant gaps in treatment. Defendant argued that these gaps demonstrated that Plaintiffs’ claimed injuries had completely resolved within six months of the accident and that the medical care costs were grossly inflated. After five days of trial, Plaintiffs’ counsel asked the jury for $770,000. The jury ultimately found that both Plaintiffs suffered injuries but awarded nominal damages for pain and suffering and discounted the past medicals by over $50,000 as to each Plaintiff. The final award to each Plaintiff was below the policy limits.

Attorneys: Jaime J. Baca, Lester I. Rodriguez
Miami Partner, Jaime Baca, and Associate, Lester Rodriguez, recently obtained a favorable verdict in an auto negligence case in Miami-Dade County. This was an admitted liability case in which the Plaintiff was a passenger of a car that collided with our defendant driver at low speed. She claimed a rotator cuff and labral tear as well as bulging discs in the neck, for which she underwent surgery to her shoulder and multiple injections. Plaintiff was a Registered Nurse, and her counsel leaned heavily on sympathy in their arguments. The defense of the case was further complicated by the striking of our radiology expert, who was deemed cumulative in combination with an orthopedic expert who performed an IME. Despite these challenges, the jury returned a verdict awarding the amount of Plaintiff’s ER bill only. After set-offs, the award will be reduced to zero. Due to the rejection of a Proposal for Settlement, our client will be entitled to seek fees and costs.

Attorneys: Michael E. Reed, Donna K. Hanes
Tampa Partners, Mike Reed and Donna K. Hanes, obtained a very favorable verdict for their client in an auto negligence case in Pinellas County, Florida. This was a case that was transferred to our office just two months before trial. This case arose from an admitted fault auto accident wherein our defendant driver struck the Plaintiff’s vehicle broadside. Plaintiff sought immediate emergency treatment for injuries to her cervical spine, chest, and lower extremities; two months after the accident, she reported lower back pain for the first time. Nearly three years after the accident, she suffered a significant herniation at L5-S1 that required surgery. Mike and Donna argued that the herniation and subsequent surgery was not related to the accident due to how much time had elapsed. They asked the jury to only consider injuries and treatment that occurred within the first 90 days after the accident, and award accordingly. At closing, Plaintiff’s counsel asked for more than $3 million. The jury entered a verdict of $23,472.00.

Attorneys: Christopher G. Brown, Brandon M. Polsky
Jacksonville Partner, Chris Brown, and Fort Lauderdale Associate, Brandon Polsky, obtained a favorable verdict in an auto negligence case in Volusia County, Florida. This case involved an admitted liability motor vehicle accident in which we represented an insurance carrier for an underinsured/uninsured claim. Plaintiff claimed injuries to his eyes, neck, and shoulder, as well as a traumatic brain injury, with $125,000 in medical bills. After jury selection, Plaintiff dropped the traumatic brain injury claim and all medical bills, and informed the jury they would only be seeking damages for pain and suffering, in the amount of $700,000. Plaintiff was a very likeable retiree, and his counsel leaned heavily on sympathy in the presentation of their case. The Plaintiff’s treating radiologist did not state his opinions were within a reasonable degree of medical probability, and the treating eye surgeon conceded no permanent injury. However, the defense of the case was complicated by the concession of the defense radiologist that Plaintiff had incurred a sprain/strain to the cervical region as a result of the accident, which healed on later films. After five days of trial, the jury awarded $300,000 in pain and suffering. The final award will be reduced to an amount within the policy limits after the application of various set-offs.