Kenneth Amos and Miles Hickman (St. Petersburg, FL) (Automobile Liability) obtained a verdict favorable for the Defense in Sarasota County Circuit Court on Wednesday, March 9, 2022. Attorney Jaret Helinger was also fundamental in the preparation and presentation of the evidence at trial.
The lawsuit involved an incident on I-75 in Venice, Florida, whereas the Plaintiff testified that he was following the Defendant’s vehicle when three large pieces of plywood came out of the Defendant’s truck bed and struck the Plaintiff’s vehicle. Prior to the start of the trial, the Defense admitted liability and as such, the trial focused on injury causation and damages.
The crux of the Plaintiff’s claim for injuries was an injury to his right ulnar nerve, which is located at the elbow and signals into the right two digits of the hand. At trial, the Plaintiff also claimed injuries to his back and neck as a result of the incident.
Following the subject incident, the Plaintiff underwent a reversion decompression and submuscular transportation surgery as it related to his right ulnar nerve. The surgery left significant scarring to the Plaintiff’s right arm. At trial, the Plaintiff testified that as a result of the accident, he was no longer able to play golf or help his wife with the chores around the house. The Plaintiff’s total medical bills that were presented to the jury was $38,151.22 with $10,000.00 in Personal Injury Protection deductions that were also presented to the jury.
The Defense’s theme revolved around the inconsistencies in the Plaintiff’s mechanism of injury, i.e. how the Plaintiff injured his ulnar nerve. These inconsistencies were shown by prior testimony, patient intake forms and the Plaintiff’s medical records. It was shown to the jury that throughout the course of litigation, Plaintiff’s narrative of how he injured his elbow within the vehicle changed over time.
On cross examination, the defense questioned the Plaintiff and his treating physicians as it related to the inconsistencies in each of the medical records. The description of how the Plaintiff injured his ulnar nerve was wholly different in the treating physicians’ testimony to the Plaintiff’s testimony himself. The Plaintiff was shown each of the inconsistencies in the medical records and in his patient intake form, of which he denied ever executing the intake form and he testified that each of his five treating physicians must have incorrectly dictated his version of the mechanism of injury. The Plaintiff was also asked to recreate for the jury how he injured his elbow, such to clear up the inconsistencies. The Plaintiff refused.
Additionally, the cross examination of the Plaintiff showed the jury through the medical records and prior testimony, that the Plaintiff continued to golf consistently following the accident.
On closing argument, the Plaintiff’s counsel asked for a total of $534,151.00 in total damages. The Defense then explained on closing that the jury could not find in favor of the Plaintiff’s claim, as the Plaintiff had not met his burden of proving that the accident caused the injury to the ulnar nerve. The defense asked for a zero-dollar verdict in light of the inconsistencies.
The jury deliberated for over three hours and issued a verdict of $90,151.22. The attorneys then determined post-verdict set offs to include $10,991.30. The final award was $79,163.92. While the jury did not find a zero-dollar verdict, the low damages award was a favorable verdict for the defense.