West Palm Beach Partners Lee Cohen, David Kirsch, and Jaclyn Switalski obtained a complete defense verdict in Palm Beach County. The case arose from a trucking accident on I-95 in which Plaintiff claimed the Defendant driver swerved his tractor-trailer into Plaintiff’s lane, impacting the passenger side of Plaintiff’s vehicle and causing Plaintiff’s vehicle to spin out of control.
Defendant testified the Plaintiff was already out of control when her vehicle entered Defendant’s lane and caused the collision. Defense argued the physical evidence could not support Plaintiff’s theory that the truck made an initial impact to Plaintiff’s passenger side despite the extensive damage to that part of the vehicle.
Plaintiff underwent a two-level cervical disc replacement, a two-level lumbar discectomy/laminectomy, two arthroscopic shoulder surgeries, and implantation of a lumbar spinal stimulator.
During cross-examination of Plaintiff, the defense effectively showed that Plaintiff significantly downplayed her medical history and exaggerated her pre-accident activity level. On cross examination, Plaintiff’s doctor admitted he could not relate Plaintiff’s second shoulder surgery to the accident despite testifying on direct examination that the shoulder surgery was related.
Plaintiff asked the jury for $1,955,000 for medical bills as well as pain and suffering. Within a few hours, the jury returned a complete defense verdict.
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