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., 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: Jaime J. Baca, Lester I. Rodriguez

Miami partner Jaime Baca and associate Lester Rodriguez obtained a defense verdict in an automobile negligence case in Miami-Dade County last week.

This case arose from an incident in which the Plaintiff, a 62-year old woman, was struck by our insured driver while walking across the parking lot of a big box retail store on Black Friday. As a result, Plaintiff suffered a severe ankle fracture that was managed with surgery but left her with residual pain and a limp, as well as a recommendation for ankle replacement.

Our client was looking for a parking space when Plaintiff ran into the side of his vehicle as she walked between two parked cars. Plaintiff alleged that our driver was distracted and accelerating through the busy parking lot, but cell phone records showed she was on a call at the time of the collision and it was likely that she was the one who was distracted. According to the testimony of our accident reconstruction expert,  our client could not have perceived the Plaintiff walking between parked cars and was not able to stop in time as a result.

After a three-day trial, Plaintiff’s counsel asked the jury for $1.75 million. The jury returned a complete defense verdict in under an hour.

Congratulations Jaime, Lester, the entire team that worked on this file for this excellent result.

Attorneys: Jaime J. Baca, Francisco J. Varona, Alina Gonzalez

Miami Partner Jaime Baca and Associates Francisco Varona and Alina Gonzalez recently obtained a complete defense verdict in a rejected-tender automobile negligence case in St. Johns County, Florida.

This case arose from an incident in which the Plaintiff, a 66-year old woman, was struck by our insured driver while walking across the parking lot of a fast-food restaurant. First-hand reports of the incident differed, but the store footage confirmed that Plaintiff was on her phone and distracted at the time of the incident. Plaintiff claimed multiple injuries to her wrist, neck, and back, as well as an aggravation of pre-existing degeneration and a new herniation at C3-4. She underwent facet blocks, ablations, and epidural injections, and alleged she may need life-long pain management as a result of the accident. The boardable medical bills totaled $160,000.

Evidence produced during discovery and presented at trial indicated that Plaintiff had the same medical conditions prior to the subject incident, and had not been truthful with her medical providers about her prior injuries. Plaintiff’s counsel asked the jury for $1.2 million in closing arguments, but the jury found no liability on the part of our client and returned a complete defense verdict.

Congratulations to Jaime and his entire team on this great work.

Attorneys: Erik P. Crep, T. Michael Kennedy, Trenton Wasser

Miami Partners, Erik Crep and T. Michael Kennedy, and Associate, Trenton Wasser, obtained a defense verdict in a trucking negligence case this week in Broward County, Florida.

This case involved a low-hanging power line that was hit by our client’s semi trailer, causing a utility pole to break and hit Plaintiffs’ car. Both the phone company and the electric company settled out of the case prior to trial. We represented the trucking company and the defendant driver in the four day trial.  The jury deliberated for 90 minutes before finding no negligence on the part of our clients and returning a complete defense verdict.

Congratulations Erik, Michael, and Trenton on this great outcome, and Wicker Smith’s third defense verdict of the week!

Attorneys: Joy G. Zubkin, Bryan A. Yasinsac, Bianca Perito

Orlando Partners Joy Zubkin and Bryan Yasinsac and Associate Bianca Perito recently obtained a defense verdict in Lake County, Florida in a motor vehicle accident claim.

Liability was admitted and the trial proceeded only on damages and causation. Plaintiff claimed over $320,000 in post-accident medical care including for a two-level cervical fusion procedure and asked for more than a million dollars in damages at trial.

After deliberations, the jury agreed that Plaintiff’s claimed injuries were all pre-existing and unrelated to the accident and returned a verdict of no legal cause resulting in a full defense verdict.

A great result for a great client.

Attorneys: Theresa Strub Caccippio, Marc D. Spier

Fort Lauderdale Partner, Theresa Strub Caccippio, and Associate, Marc Spier, obtained a defense verdict in an auto negligence case in Miami-Dade County last week.

Plaintiff in this case was a young professional in her early 30’s, who claimed that she underwent an ACDF at C3-4 as a result of the accident. She had no prior history of injury, and the medical bills were in excess of $200,000.

Plaintiff’s counsel asked the jury for a total of $1.6 million, but the jury found no legal cause on the part of our insured driver and returned a complete defense verdict.

Congratulations to the entire team that worked up this file for this excellent result.

Attorneys: William E. Peters, Jr., Robert E. Paradela

Fort Lauderdale Partners William Peters and Robert Paradela obtained a defense verdict in an admitted liability uninsured motorist case in Miami-Dade County last week.

Plaintiff in this case was a young man in his 20’s who claimed that he underwent extensive injection therapy for his cervical spine and lumbar discectomy at L4-5 in the lumbar spine. He had a limited history of prior chiropractic visits and the medical bills were in excess of $200,000.

Plaintiff’s counsel asked the jury for a total of $4.7 million but the jury awarded past medical bills only and determined that the Plaintiff did not suffer a permanent injury. The amount recovered by the Plaintiff was less than a proposal for settlement served by the Defendant in 2022, triggering a claim for the Defendant’s attorneys’ fees and costs.

Congratulations to the entire team that worked up this file for this excellent result.

Attorneys: Jaime J. Baca, Alina Gonzalez, Claudia Aravena

Miami Partner, Jaime Baca, and Associates, Alina Gonzalez and Claudia Aravena, recently obtained a defense verdict on behalf of a defendant driver in an automobile negligence case in Miami-Dade County, Florida. The team was assisted at trial by co-counsel Anita Figueroa.

This case arose from an accident that occurred after our driver, who was operating a commercial vehicle, rear-ended the Plaintiff, pushing her into another vehicle. Plaintiff was a world renowned Martial Artist with no records of any prior neck injury, back injury, or treatment. She claimed wage loss and ongoing pain, and underwent an ACDF neck surgery.

The Court initially allowed punitive damages against our driver, but Fort Lauderdale Partner, Alyssa Reiter, assisted in getting that count dismissed via Summary Judgment.

We admitted liability and tried the case on damages, arguing the injury was minor and Plaintiff’s symptoms did not correlate with an acute herniation since her MRI imaging showed pre-existing degeneration, consistent with 40 years of martial arts.

After a five day trial, Plaintiff asked the jury for $3.1 million. The jury found that the accident was not the legal cause of the injury, and returned a defense verdict.

Congratulations to Jaime and his entire team on this great work and excellent outcome for our client.

Attorneys: Lindsay T. Brigman, Sonny G. Romano

Tampa Partner, Lindsay Brigman, and Associate, Sonny Romano, recently obtained a defense verdict in a trucking negligence case in Sarasota County, Florida.

This was an admitted liability collision in which our defendant driver rear-ended the Plaintiff at a very low speed while he was stopped a red light, causing limited property damage. The Plaintiff did not immediately seek medical treatment, and insisted at the scene that he was fine. He eventually sought treatment at an area ER later in the day, and claimed neck pain only. Eleven days later, he claimed back pain as well. Plaintiff ultimately had a discectomy at L4-5 and claimed he developed discitis and osteomyelitis from the procedure, necessitating antibiotic therapy and causing him significant back pain. He claimed permanent injury including ongoing pain and suffering that has gotten continually worse since the accident.

We tried the case on damages and causation only. At the end of the five day trial, Plaintiff’s counsel asked the jury to award more than $8 million. The jury found no causation between the subject collision and the Plaintiff’s subsequent medical treatment, and returned a complete defense verdict.

This case was transferred to our office less than a year ago, and just four months before the original trial date. Congratulations Lindsay and Sonny on this excellent work and this outstanding result!

Attorneys: Mark H. Ruff Jr., Jaime J. Baca, Joshua T. Jurnovoy

West Palm Beach Partners Mark H. Ruff, Jr., and Joshua Jurnovoy, and Miami Partner Jaime Baca, recently obtained a defense verdict on behalf of Publix Super Markets in Seminole County, Florida.

This case involved a low-speed collision in the loading dock area behind a Publix store. The Plaintiff filed suit against Publix, alleging that the accident was caused by its truck driver, and that the Plaintiff suffered spinal injuries leading to a two-level cervical fusion and $200,000 in medical expenses as a result.

We contended that the Plaintiff was at fault for the accident, and that given that the collision occurred at a slow speed and caused very minor property damage to the vehicles, the accident was not the cause of the Plaintiff’s injuries.

Trial lasted five days, with Plaintiff’s counsel asking the jury for $2.7 million at closing. The jury found that Publix and its truck driver were not at fault, and returned a complete defense verdict.

Attorneys: Theresa Strub Caccippio, Garett R. Faulkender

Fort Lauderdale Partner Theresa Strub Caccippio and Associate Garett Faulkender, Esq. obtained a defense verdict in a motor vehicle case in Broward County, Florida, this week.

We represented the driver of a semi-truck in this case that stemmed from a January 2023 accident in which Plaintiff cut our insured off in traffic. Plaintiff subsequently underwent significant treatment including bilateral lumbar facet injections, facet nerve medial branch blocks, bilateral medial branch block injections, and radiofrequency ablation of the lumbar spine. Plaintiff’s total medical bills were $153,000.00. She was 27 at the time of the accident with no evidence of priors.

Plaintiff presented significant expert testimony, including an accident reconstruction expert that testified the accident occurred as the Plaintiff stated and two treating physicians, who both testified that the medial branch injections and radiofrequency ablations were medically warranted and related to the accident. Plaintiff’s counsel asked the jury for $2.6 million, including $467,500.00 in future medicals. The jury deliberated a little over an hour before finding no liability on the part of our client and returning a complete defense verdict.

Congratulations to Theresa, Garett, and the entire trial support team in Fort Lauderdale on this outstanding outcome for our client.

Attorneys: Kurt M. Spengler, Gregory Marlowe

Orlando Partners Kurt Spengler and Bryan Yasinsac, and Associate Gregory Marlowe, obtained a defense verdict in a trucking case in Orange County, Florida, this week.

We represented the trucking company and their driver in this case, in which it was alleged that our driver turned left into the path of Plaintiff’s oncoming vehicle, causing an accident that led to Plaintiff sustaining significant injuries including a broken femur, the loss of his spleen, and a permanent tracheostomy. At the time of the collision, Plaintiff was driving 92 mph in a 45 mph zone.

This was a highly contentious case that endured multiple delays and one mistrial before it finally went before a jury. There were significant contributing factors involved in the accident that were deemed prejudicial by the Court and precluded from being mentioned at trial, and Plaintiff’s counsel relied heavily on sympathy in their closing arguments, asking the jury for damages in excess of $16 million. Ultimately however, the jury relied on evidence that showed that had Plaintiff been traveling at a lower rate of speed the accident would have never occurred, and they returned a complete defense verdict.

Congratulations and well done to the entire team that prepared this matter for trial. It was our honor to represent our clients in this case and protect them from a very aggressive lawsuit that had the potential to bankrupt their small, family-owned company.

Attorneys: Robert E. Paradela, Watsonie G. Denis

Fort Lauderdale Partner Robert Paradela and Associate Watsonie Denis, Esq. obtained a directed verdict in a trucking negligence case in Miami-Dade County, Florida last week.

This case arose from a trucking accident in which the Plaintiff pulled out directly in front of our client’s truck and was T-Boned at an intersection. Plaintiff claimed that he sustained multiple injuries to the entire left side of his body, as well as damage to his neck, back, and brain, as a result of the accident; he presented past medical bills in excess of $230,000. The defense maintained that our client had a green light, was traveling within the speed limit, and had the right of way, and that the Plaintiff caused the accident by entering the intersection without the right of way.

At the close of the Plaintiff’s case, Bob and Watsonie moved for a directed verdict based on the Plaintiff’s failure to present sufficient evidence of liability. The Court agreed and the Motion for Directed Verdict was granted. This result triggers a Proposal for Settlement, and our client will now be entitled to seek fees and costs dating from January 2024.

Congratulations Bob and Watsonie on this great result.

Attorneys: Christopher G. Brown, William J. Roe

Jacksonville Associate William Roe and Partner Chris Brown recently handled a case that was dismissed by the lower court and upheld by the Florida Fifth District Court of Appeal. 

 The underlying cause of action involved a multiple car rear-end accident on the expressway where our insured was cited for improper speed and not paying attention.  As a result of the subject accident, Plaintiff complained of neck pain, back pain, headaches, and right shoulder pain where he later underwent a right shoulder arthroscopy with rotator cuff repair.  The lower court dismissed the action due to Plaintiff’s failure to attend the case management conference. Plaintiff moved for reconsideration citing excusable neglect, which the lower court denied. 

 Plaintiff then appealed to the Fifth DCA. In the Answer Brief, William Roe argued that there had been no error on the part of the lower court, and that Plaintiff’s argument of excusable neglect did not meet the standard of review.  The appellate court agreed, and upheld the lower court’s dismissal of the case.  The statute of limitations has now passed and Plaintiff is barred from bringing another lawsuit.

 Congratulations Chris and Billy on this great outcome!

Attorneys: Jaime J. Baca, Natalia Pinzon Martinez, Belissa Ardisson

Miami Partner Jaime Baca and Associates Natalia Pinzon Martinez and Belissa Ardisson prevailed in an automobile negligence case in Hillsborough County, Florida this week.

We represented a national cell phone carrier in this case that involved our employee driver in an admitted-liability rear-end collision with Plaintiff’s vehicle. Plaintiff was a 38-year-old man who claimed he suffered a traumatic brain injury, multiple disc herniations, and a rotator cuff tear as a result of the accident. He underwent significant treatment including injections and PRP blocks, with medical bills totaling $85,000.

This was a transferred file that we received very close to the trial date. All discovery deadlines had already passed when we assumed control of the case and very limited defense expert testimony was available. These limitations notwithstanding, Jaime and his team still prevailed in striking several of Plaintiff’s experts and obtaining directed verdicts on the TBI claim and future damages claim. By the time the case went to the jury, the only claim left to consider was past medical damages. Plaintiff’s counsel asked for more than $300,000 in closing arguments, but the jury returned a verdict of just $15,000. This award triggers a Proposal for Settlement, which will enable our client to seek fees and costs.

Congratulations to Jaime, Natalia, Belissa, and the entire trial support teams in the Miami and Tampa offices on this outstanding outcome.

Attorneys: Theresa Strub Caccippio, Marc D. Spier

Fort Lauderdale Partner Theresa Strub Caccippio and Associate Marc Spier recently obtained a favorable verdict for their client in an auto negligence trial in Miami-Dade County, Florida.

This case arose from an admitted liability rear-end collision in December 2018. The Plaintiff underwent a three-level cervical fusion and presented medical bills totaling $280,000. Plaintiff retained multiple experts to opine on the necessity of the surgeries and asked the jury for $1.3 million in closing arguments.

Despite this, the jury returned a verdict of just $18,951, triggering a Proposal for Settlement and entitling our client to pursue fees and costs.

Congratulations Theresa and Marc on this excellent work.

Attorneys: James Alan (Jay) Potts, II, John Thomas “J.T.” Salmon

Birmingham Partners Jay Potts and J.T. Salmon recently obtained a favorable verdict in a trucking negligence trial in the Middle District of Alabama.

This case arose from a traffic accident in which our insured truck driver collided with the rear end of Plaintiff’s vehicle. As a result of the accident, Plaintiff, a college professor and PhD, alleged a permanent traumatic brain injury that negatively affected her cognitive function and impacted her ability to do her job and care for her child.

Liability was admitted and the case was tried solely on damages. There were some difficult facts impacting the defense, compounded by the fact that neither the driver nor the trucking company owner attended the trial. At closing arguments, Plaintiff’s counsel asked for a verdict range of $1.5 – $3 million, but after deliberations the jury returned a verdict of $215,000, which was well within the policy limits.

Congratulations Jay and J.T. on this excellent work, the client is very happy with this result.

Attorneys: Kurt M. Spengler, Kyle R. Fontaine, Katelin King

Orlando partners Kurt Spengler and Kyle Fontaine recently prevailed in an admitted-liability trucking negligence trial in Volusia County, Florida.

This case involved a rear-end collision on the interstate by the insured’s tractor-trailer into the plaintiff’s car, resulting in extensive property damage. Plaintiff claimed permanent neck and back injuries, as well as a TBI, with a future ACDF recommended and future steroid injections, and sought over $1.8 million in damages. While admitting fault, we contested the extent and permanency of the alleged injuries, recommending about $27,000 in past medical expenses. The Jury agreed, awarding $29,000 in past medical expenses and no other damages. These will be reduced after collateral sources are set-off post trial. The amount of the award also triggered our Proposal for Settlement.

Congratulations to Kurt and Kyle who tried this case, and to associate Katelin King, who did a lot of the initial work on the file prior to trial. The client is very pleased with this result.

Attorneys: Michael R. D’Lugo, Kurt M. Spengler

Attorneys: Theresa Strub Caccippio, Brandon M. Polsky

Fort Lauderdale partner, Theresa Caccippio, and associate, Brandon Polsky, obtained a favorable verdict in an automobile negligence case in Broward County in November. We represented the carrier in this disputed liability UIM claim, wherein the Plaintiff was rear-ended while riding a motorcycle. Plaintiff claimed injuries to their cervical and lumbar spine, left shoulder, and left and right wrist, with over $250,000 in medical bills.

After a four day trial, Plaintiff asked the jury for almost $900,000. After two hours of deliberation, the jury assigned 30% comparative negligence to the Plaintiff and awarded a total of $236,410. That amount will be reduced to $165,487 after reductions for liability, and is lower than our last offer before trial.

Congratulations Theresa, Brandon, and the entire team for their hard work on this file.

Attorneys: Douglas B. Lumpkin, Jerry S. Armbruster

Sarasota partners Doug Lumpkin and Jerry Armbruster recently obtained a defense verdict in a trucking negligence case in Glades County, Florida.

We represented the driver in this case, in which Plaintiff  alleged that our client negligently operated his semi-truck when the two vehicles collided after Plaintiff attempted to pass while our client was making a left hand turn. Plaintiff alleged multiple injuries as a result of the accident, including a TBI and lumbar disc herniation for which future surgery would be needed. They claimed medical bills totaling $64,453, as well as lost wages.

The defense presented evidence that showed that our client was not negligent in operating his vehicle, and further argued that Plaintiff did not incur any permanent injuries or any past or future loss of earning capacity as a result of the accident.

Trial lasted nine days, with Plaintiff asking for $2.25 million in closing arguments. After a thirty-five minute deliberation, the jury returned a complete defense verdict.

This case was tried just four days after Hurricane Milton tore through Sarasota. Congratulations Doug, Jerry, and team on this great result.

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

Orlando partners Kurt Spengler and Taira H. Towne, J.D., M.B.A., and associates Devin Harvey and Oscar Draughn, obtained a defense verdict in a trucking negligence case in Orange County, Florida, this week.

This case arose from a sideswipe collision that occurred between Plaintiff and our client driver on Thanksgiving Eve in 2017. Plaintiff was 20 years old at the time of the accident, and claimed significant injuries to his neck and back, as well as PTSD, as a result of the accident. Plaintiff presented past medicals in the amount of $130,000, future medicals in the amount of $350,000, and a future lost wages claim of $750,000. After a seven day trial, they asked the jury to award between $2 – $8 million in pain and suffering.

The jury deliberated for less than three hours before concluding that Plaintiff had not met their burden in proving negligence, and returned a complete defense verdict.

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., Christopher A. Cazin, Sara J. Thompson, Jocelyn Nance Copher

Tampa Partners, 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: Michael E., Donna K. Hanes

Tampa Partners, 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.