Orlando partners Michele Morales and Brian Fery, with the assistance of associate Samantha Arregui, achieved a defense verdict in a Brevard County case.
The incident involved a front-end, angle impact that totaled both vehicles. The Plaintiff was transported to the local emergency room via an ambulance. While establishing liability posed a challenge, the trial team contested it without relying on expert opinions. They did this by challenging the Plaintiff’s reconstructionist and asserting that the driver of the Plaintiff’s vehicle was comparatively negligent herself. Most importantly, the trial team scrutinized Plaintiff’s claims of aggravation by thoroughly discussing and examining the Plaintiff’s treating physician witnesses in the context of her multiple prior MVAs and related medical care.
The Defense obtained previous transcripts in which Plaintiff had testified that her prior pain was “8 out of 10” due to a previous accident. During the trial, the Plaintiff called three separate treating physicians to testify regarding approximately five years of medical care. Additionally, Plaintiff provided further liability and before-and-after testimony from two family members who had observed the incident from two separate vehicles.
Plaintiff alleged $160,000 in past medical bills and over $600,000 in future medical treatment, in addition to millions in past and future pain and suffering. In closing, the Plaintiff requested a total of $3.8 million from the jury. However, the Defense firmly asserted that the Plaintiff was not entitled to a single cent. The jury deliberated for three and a half hours before awarding the Plaintiff $2,412.00 in past medical expenses only.
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