West Palm Beach partner Dennis Egitto, and Miami partner Gene Kissane, obtained a very favorable jury decision on a catastrophic injury case brought by a large and well-known Plaintiff firm in Nassau County, Florida.
This case was an underinsured motorist claim involving admitted liability by CSK’s client, an insurance carrier. The tortfeasor/other driver rearended Plaintiff’s pickup truck while he was stopped at an intersection. The underinsured motorist was traveling at approximately 60 mph. The pickup truck was extensively damaged.
The defense, in addition to admitting liability, needed to concede various aspects of causation and the defense had an uphill battle. The Plaintiff, a tremendously successful architect, was contending that he sustained very serious injuries including a significant brain injury and multiple cervical, thoracic and lumbar herniations. The Plaintiff had a pain management expert testify who opined that the Plaintiff would need approximately $1 million in future pain care. In addition, the Plaintiff testified that he needed to sell his architectural business as a result of his brain injury and other injuries and this resulted in an $8 million economic loss.
The CSK team argued that the Plaintiff was exaggerating his alleged injuries. The defense admitted that the Plaintiff sustained a cervical strain/sprain as a result of the accident and that his brain injury, despite years of neurologic treatment, was not permanent and grossly exaggerated.
The jury agreed with the defense and their award, following anticipated set-offs, will likely be slightly below $300,000.
Gene P. Kissane
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