CSK Defense Team
Jacksonville Managing Partner Patrick Snyder, Partner Christopher Walsh, Associate Shawn Carmical
Case Summary
A jury in Duval County, FL, recently returned a defense verdict in a personal injury case involving a Plaintiff who was rear-ended at a stoplight by a Defendant driving a retailer’s pickup truck. The Plaintiff claimed injuries to her lower back, neck, and a mild traumatic brain injury (TBI). Her treatment included pain management, multiple injections, and several surgeries: a microdiscectomy, spinal fusion, decompression, and total disk arthroplasty. Despite these procedures, she reported ongoing pain and presented a life care plan valued at approximately $900,000, with past medical expenses totaling $850,000.
The Plaintiff was represented by a team of five attorneys, including one brought in from out of state to lead the trial. She asked the jury for $10 million in damages.
Defense Strategy
The CSK Defense Team focused on several key points:
- The accident occurred at low speed.
- The Plaintiff had pre-existing conditions and prior treatment for similar complaints.
- There was no permanent injury caused by the crash.
During trial, the defense revealed that the Plaintiff had previously denied any prior neck or back issues, both in deposition and to her treating physicians. However, records showed she had fallen downstairs years earlier, injuring her neck and back. These records were part of the Plaintiff’s own trial exhibits but had not been addressed until cross-examination, leading to significant impeachment.
Verdict
The jury found no causation, meaning they did not believe the accident caused the Plaintiff’s injuries. The Defendant and their insurance carrier were pleased with the outcome.
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