G. Jeffrey Vernis and Mitchell Silver (N. Palm Beach, FL) (Automobile Liability) obtained a complete Defense Verdict in a 4-day jury trial in St. Lucie County, FL. Plaintiff was a passenger in a vehicle being driven by her son which was stopped at a traffic light when it was struck in the rear by the vehicle being operated by Mr. Dominguez. The Plaintiff’s vehicle sustained substantial damages in excess of $25,000. The Plaintiff was seen by EMS at the scene but declined medical treatment. The Plaintiff delayed her medical treatment for 8 months while she was caring for her adult son who had been in a life-changing motorcycle accident and was in a coma and had substantial physical injuries and brain damage. Subsequently, the Plaintiff underwent 20 epidural injections to her cervical, thoracic, and lumbar spine and ultimately underwent an L4-5 lumbar laminectomy surgical procedure. She continues to have symptoms. The Plaintiff’s medical expenses exceeded $204,000 and claimed future medical expenses of $368,000 for future surgeries to both the neck and low back. The Plaintiff also asked the jury for $400,000 in pain and suffering damages, requesting a total of $921,580.
The Defense admitted negligence conceding that the rear-end accident was the fault of the Defendant but that the Plaintiff did not sustain any injuries in this accident. The Defense called their CME orthopedic surgeon and their Neuroradiologist who opined that the Plaintiff did not suffer any injury from this accident. After deliberating for 2 hours, the jury returned a verdict of no causation of injury awarding the Plaintiff no money. There will be motions to tax attorney’s fees and costs against the Plaintiff under the proposal for settlement statute, prevailing party statute, and the non-binding arbitration statute.