Tampa Partner William Kirilloff and Plantation Partner Gregory Willis obtained a defense verdict after a five-day trial in Orlando on behalf of the defendant driver in a rear-end accident.
Plaintiff was a 27-year-old theme park employee whose car was rear-ended by the defendant driver in 2018. The insured admitted liability, but Plaintiff refused a tender of the policy limits. Defense then issued a PFS which also was rejected. Plaintiff claimed the accident ruined her dreams and life as an avid runner, acrobat, and aerialist. Plaintiff treated at the ER day of accident for neck, thoracic and lumbar injuries. She then underwent a series of epidural injections in the cervical, thoracic, and lumbar region followed by series of RF neurotomies as well as Physical Therapy. This treatment was followed by more steroid injections in the sacroiliac joints that lead to two surgeries for fusion of the sacroiliac joints. Shortly before trial, she resumed epidural injections in the cervical spine and is considering cervical surgery.
The defense argued that the Plaintiff never had an expert testify as to the reasonableness of pricing of the ER visit and some of the surgeries and it was Plaintiff’s burden of proof. It was also successfully argued that Plaintiff withheld certain information from her medical providers.
Plaintiff requested $6.4 million in closing and boarded $330,000 in medical bills. The jury awarded $ 0.
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