Brandt Carlson and Kenneth E. Amos, Jr. (St. Petersburg, FL) (Automobile Liability) obtained a directed verdict with the assistance of Brittney Walters (lead paralegal). The case was tried in Pasco County Circuit Court, where they represented the driver and owner of the middle vehicle in a three-car rear-end accident. The three-day liability trial resulted in a hung jury and a mistrial after the jury deliberated for more than 6 hours but was unable to arrive at a unanimous verdict.
During the trial, we made multiple motions for directed verdict, arguing that the Plaintiff’s theory of the case was improper based on the inappropriate stacking of inferences, the lack of evidence of negligence against the Defendants, and the effect of Florida’s presumption of negligence against rear-end drivers. The judge reserved ruling on the defense motions for directed verdict, and following the mistrial, ultimately granted Defendants’ Motion for directed verdict, finding that no reasonable jury could have held the Defendants liable for the subject accident. Based on Plaintiff’s rejection of a non-binding arbitration award, and further rejections of multiple proposals for settlement, we are now pursuing and expect to recover from the Plaintiff for attorneys’ fees and costs expended in defense of their clients during the litigation.