Vignes v. Allstate Prop. & Cas. Ins. Co.

Jerry Sanders (Pensacola/NW FL) (Personal Injury/UIM) obtained a jury verdict after a four-day trial in the case of Vignes v. Allstate Prop. & Cas. Ins. Co., Santa Rosa Circuit Court, on Jan. 11, 2019.
The Plaintiffs, an older husband and wife, claimed their bulging discs and numerous other injuries were caused by a rear end collision. They were the driver and passenger in a Lincoln Town Car which was struck from behind by a much smaller Nissan. They had already accepted a tender of policy limits of $25,000 each from the Tortfeasor’s liability carrier which covered the striking Nissan. The Nissan caught on fire upon impact with the Plaintiffs’ vehicle, which Plaintiffs’ counsel used to describe the accident as a “serious collision.” Each Plaintiff had in excess of $100,000.00 in “boardable” medical expenses. The Plaintiffs’ personal physician, pain care physician, and neurosurgeon (who operated on both Plaintiffs) were all Board Certified in their specialties. These providers, and the Plaintiffs’ chiropractor, all testified that, in their opinion, the Plaintiffs’ injuries, including the bulging discs, were caused by the motor vehicle collision. The defense had a physiatrist testify to the contrary. We also had a bio-mechanical engineer who presented scientific evidence regarding the Delta-V forces to which their bodies were subjected and that the bulging discs could not have been caused by this collision. The verdict was $0.00 for future medical expenses and $0.00 for future pain and suffering. The jury did award each plaintiff $30,000.00 for past pain and suffering, which was reduced by $25,000.00 per Plaintiff for the Tortfeasor’s liability policy payments. All past medical expenses awarded were paid by collateral sources. The Plaintiffs are due to receive no more than $5,000.00 each. The pre-trial demand was $150,000.00 (net) per Plaintiff and the jury was asked by Plaintiffs’ counsel to award each “a minimum” of $250,000.00 future pain and suffering, plus other damages totaling over $375,000. Defense had offered the Husband $50,000 and the Wife $60,000 (net) up until the day of the verdict.