Orlando Partner Ryan Sawyer and Associate Hayley Auletta recently achieved a notable verdict in Orange County regarding an Underinsured/Uninsured Motorist Claim. The case involved an incident where the Plaintiff was tailgated aggressively on the turnpike by another vehicle. Despite the Plaintiff tapping on the brakes multiple times, the tailgating vehicle persisted, eventually attempting to overtake the Plaintiff. This maneuver resulted in the tailgating vehicle losing control and colliding with the Plaintiff's car. The entire incident was captured on a dash camera.
Following the accident, the Plaintiff began experiencing neck and back pain, ultimately leading to a cervical fusion surgery. It is important to note that the Plaintiff had no prior treatment for neck pain before the accident. The Plaintiff sought over $2.5 million in non-economic damages, attributing the surgery to the accident caused by the other driver.
Mr. Sawyer and Ms. Auletta successfully argued that the Plaintiff was partly at fault for the incident and that the surgery was largely necessitated by pre-existing chronic conditions in the Plaintiff’s neck. After nearly five hours of deliberation, the jury found the Plaintiff to be 60% at fault, resulting in an award of just $120,000 (after applying comparative fault) before any additional set-offs.
This case highlights the effective advocacy and strategic approach of our legal team in achieving favorable outcomes for our clients.
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