Tom Paradise and Tommie DePrima (Hollywood, FL) (Automobile Liability) obtained a favorable Jury Verdict after a 5-day trial. The Plaintiff claimed serious injuries to her right hip, elbow, wrist, a lumbar herniation and psychological injuries as a result of being hit by a car as a pedestrian in a parking lot. The Plaintiff contended she was crushed and pinned between the vehicle that hit her and another parked vehicle. She was claimed ongoing, severe pain to her right hip and low back. Plaintiff’s husband also filed a loss of consortium claim.
Before trial the Plaintiffs’ settled the claim with the tortfeasor for $100,000.00. The Plaintiffs also filed a claim against USAA, their UM/UIM carrier, and demanded the stacked policy limits of $600,000.00. The Plaintiffs always demanded the policy limits so the matter proceeded to trial against the UM/UIM carrier, USAA. The insurance carrier admitted fault on behalf of the tortfeasor but disputed that the accident caused all the damages that were being alleged by the Plaintiffs. The Plaintiff was claiming approximately $50,000.00 in past medical expenses and $60,000.00 in future medical care, both of which included the cost of psychological care and counseling. Prior to the incident, the Plaintiff suffered from pre-existing mental health issues which she had sought treatment for before the subject incident. At trial, the defense also had an expert physician testify that the Plaintiff’s subjective complaints of pain were not supported by the objective findings of the Plaintiff’s medical records and imaging studies. It was further indicated by the defense’s expert that PRP treatments, which the Plaintiff was contending helped with her pain, were not reasonable and necessary given that these types of injections are still deemed experimental by the larger medical community.
At the close of trial, the Plaintiff asked for $1 million in total damages to the Plaintiffs. The jury returned a total verdict of $29,000.00 for past medical care only, with a finding of no permanent injury. The verdict was less than the underlying tortfeasor’s liability limit so USAA obtained a defense verdict. The Defendant, USAA, also filed a PFS when the claim was first filed so it will be filing a motion to recover almost all of the fees and costs incurred in the defense of the claim.