Michelle L. Hendrix (Pensacola, FL) (Personal Injury), assisted by legal intern Pamela Dimo, obtained a Defense Verdict after a three-day jury trial that took place in the Circuit Court in and for Okaloosa County, Florida.
Plaintiff, Kyong Song, filed a Complaint against Defendant, Charles T. Melburn, alleging he was negligent, on or about May 2, 2020, by biting off a portion of her female anatomy while performing a consensual sexual act on Plaintiff, Plaintiff’s expert in obstetrics and gynecology testified that Plaintiff had lost this part of her anatomy as a result of the alleged sexual act. Plaintiff’s expert also testified that Plaintiff suffered from lichens sclerosus, which supported the Defense’s case, despite previously testifying in a discovery deposition that Plaintiff did not suffer from this condition. Upon realization that he had unwittingly supported Defendant’s case, Plaintiff’s expert returned as a rebuttal witness to recant his testimony, but then went on to say on cross-examination the second time that Plaintiff “possibly had lichens sclerosus.” Defendant’s expert in obstetrics and gynecology testified that Plaintiff’s injury was not caused by trauma. Defendant’s expert stated the injury was caused by atrophy or a condition in the lichens family which caused that part of the anatomy to fuse over itself.
Plaintiff also presented expert testimony from a psychiatrist. Plaintiff’s expert in psychiatry testified that Plaintiff exhibited PTSD symptoms when seeing dark vehicles, such as the one driven by Defendant, and when near the airport because she had driven Defendant to the airport one time. Plaintiff’s expert then went on to testify that Plaintiff would require, at a minimum, therapy one time per week for ten (10) years at a cost of $150 per session. He first saw her over two years after the incident, and Plaintiff had not received any psychiatric treatment in the three years since the alleged incident.
Plaintiff testified that she lost face in her traditional Korean community as a result of this incident. However, Plaintiff went on to admit during cross-examination that she also lost face in her community by getting two divorces and engaging in pre-marital relations. Plaintiff testified that face could be restored by returning home and praying on a mountain. Defendant testified that he did not commit this egregious act. He also testified that the Plaintiff had a dark car, and at the time of the relationship, he owned two white vehicles.
Plaintiff claimed that, since the alleged incident, she suffered from urinary incontinence, pain, PTSD, the loss of her femininity, and a lifetime of loneliness. Plaintiff had not sought treatment for the loss of her female anatomy or her PTSD. Her attorney requested the jury award her $16,500,000.00, but he told them that the decision was ultimately up to them. The jury returned a Defense Verdict after fourteen (14) minutes of deliberation.