Tampa partners Dan Shapiro and Bill Kirilloff recently won a successful verdict in Tampa.
The case involved disputed liability between Defendant and an unknown vehicle that ultimately lead to Defendant veering off the road into the shoulder of the highway. Defendant’s vehicle then struck a vehicle parked on the shoulder of the highway that was occupied by the Plaintiffs – a mother and a minor daughter. Property damage was severe, and the case was further complicated because the mother was the full-time caretaker of her disabled 20 year old child. During trial testimony was elicited that the mother had to move the disabled son from his wheelchair each day which complicated her pain and ability to treat. After the ER, both Plaintiffs underwent conservative care and the mother underwent interventional treatment.
The defense was able to show comparative fault, that the objective clinical findings did not support the subjective complaints, and that there was no objective basis for permanency. Plaintiffs asked in excess of $3 million.
After two hours of deliberation, the jury returned a verdict findings for comparative fault of the unknown driver and awarded past medicals only.
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