Congratulations to CSK Miami Partners' Richard Adams and Benjamin Esco for recently receiving a favorable result after a 4-day Jury Trial in Key West.
Our insured was a commercial tow truck company, whose driver rear-ended the plaintiff’s Volvo station wagon. Plaintiff had stopped at the intersection of US-1 and Roosevelt Boulevard to allow bicyclists to cross in the crosswalk. The accident impact bent the frame of the station wagon, dislodged the radio from the dashboard, broke the transmission, and prevented the doors from opening/closing.
The plaintiff received same-day treatment at the Emergency Room, complaining of head injury, back pain, loss of consciousness, and radiating cervical pain into the extremities. She eventually underwent a 3-level discectomy and fusion surgery to the neck, with additional lumbar fusion/injection therapy recommended in the future.
Plaintiff’s surgeon testified at trial that the injuries are permanent and that the cervical range of motion is forever restricted by 50%. Her surgeon testified that all post accident medical treatment/surgeries/therapy are related to nothing other than the subject accident. Plaintiff had not made a specific medically-documented complaint of neck pain for a dozen years prior to the subject incident. However, she made very serious neck/back complaints thereafter, and she was treated by a dozen physicians/specialists in six different states.
At the close of the evidence, the judge denied the plaintiff’s hard-fought Motion for Directed Verdict on liability issues. The DV Motion was based on Florida’s Rear-End Presumption of Negligence. The Judge thus submitted the liability issues for jury resolution. The jury found the plaintiff 45% responsible for causing the accident.
As to injuries/damages, the jury ruled the plaintiff did not sustain a permanent injury within a reasonable degree of medical probability. As such, the jury awarded only the past/future medical bills.
There were no awardable damages for pain & suffering, per the Threshold Statute.
We have a Post-Trial Motion for Collateral Source Set-off/Reduction.
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