Jeffrey P. Gill (Pensacola, FL) and G. Jeffrey Vernis (N. Palm Beach, FL) obtained a Defense Verdict in the first live jury trial in the State of Florida this week in Panama City, Florida, since Covid-19 closed our courts.
With Covid restrictions in place, we started to pick a jury on October 12, 2020. The court room was reconfigured for social distancing and there were plastic shields around the judge, the court clerk, the court reporter and installed between the attorneys, even the one sitting at the same table. Everyone wore a mask the entire time they were inside the courtroom whether they were speaking or not. The jurors were brought in much smaller groups for the initial voir dire questioning and once selected, they sat, socially distanced on the benches in the gallery, rather than in the jury box. The jury pool was reduced by about 1/3 for Covid related reasons requiring access to more potential jurors. For each break and for the jury deliberation, the jury was placed in a separate courtroom so they could sit, and later deliberate, distanced from each other. Everyone worked around the new protocols as best as we could and there were certainly times when it was difficult to hear someone through the mask, but that was typically remedied quickly. All sidebars with the Judge were done with the plastic shield in place. Overall, the jury trial went smoothly and surprisingly considering the fear and protocols surrounding Covid-19. For more about the case itself, see below.
The matter of Streichert v. Ennis was tried in Bay County, Florida from October 12, 2020 to October 15, 2020. This case involved an admitted negligence rear-end accident where the plaintiff claimed to have sustained a permanent injury and a permanent and significant loss of an important bodily function as a result of an automobile accident which occurred on April 11, 2016 in Lynn Haven, Florida. The plaintiff claimed significant and permanent injuries to her neck, back, elbow and carpal tunnel syndrome and received medical care and treatment with a chiropractor, orthopedic surgeon, neurologist and pain management physician all of whom testified either live or through records. The plaintiff argued that she sustained three herniated discs in her neck and two in her low back as a result of this accident, together with carpal tunnel syndrome. Although the plaintiff had been recommended for surgery, she had a severe phobia of any treatment that could possibly result in paralysis since she grew up with a mother who was a quadriplegic. Since the plaintiff would not have surgery, she underwent pain management but there were significant gaps in treatment. The Plaintiff denied prior history of neck or back pain or problems before this accident and no records were found to prove otherwise. The plaintiff’s case was tailored to proving how her life has changed from before the accident to after the accident. The plaintiff presented five before and after witnesses all of whom testified how significantly the plaintiff has been affected by the injuries she received in the accident. Interestingly, the plaintiff decided to waive her claims for economic damages and exclusively seek only non-economic damages; i.e. pain and suffering and loss of enjoyment of life. While we admitted negligence for this rear end accident, we contended that the plaintiff was herself partially responsible but also that the plaintiff did not sustain a permanent injury or significant and permanent loss of an important bodily function as a result of the accident. In the defense case, we called a board-certified medical doctor who testified that the plaintiff did not sustain any permanent injury or significant and permanent loss of an important bodily function as a result of the accident.
The trial lasted four days and the jury returned a verdict finding the plaintiff 30% at fault for this rear-end accident and found no permanent injury or permanent or significant loss of an important bodily function and therefore the plaintiff received $0. We had filed a proposal for settlement earlier in the case and our motion to tax attorney’s fees and costs is pending.
If you would like more information concerning this trial, please feel free to contact JGill@Florida-Law.com or GJVernis@National-Law.com.