Favorable Verdict: Volusia County, Florida (Auto Negligence)

Jacksonville Partner, Chris Brown, and Fort Lauderdale Associate, Brandon Polsky, obtained a favorable verdict in an auto negligence case in Volusia County, Florida.

This case involved an admitted liability motor vehicle accident in which we represented an insurance carrier for an underinsured/uninsured claim. Plaintiff claimed injuries to his eyes, neck, and shoulder, as well as a traumatic brain injury, with $125,000 in medical bills.

After jury selection, Plaintiff dropped the traumatic brain injury claim and all medical bills, and informed the jury they would only be seeking damages for pain and suffering, in the amount of $700,000. Plaintiff was a very likeable retiree, and his counsel leaned heavily on sympathy in the presentation of their case.

The Plaintiff’s treating radiologist did not state his opinions were within a reasonable degree of medical probability, and the treating eye surgeon conceded no permanent injury. However, the defense of the case was complicated by the concession of the defense radiologist that Plaintiff had incurred a sprain/strain to the cervical region as a result of the accident, which healed on later films.

After five days of trial, the jury awarded $300,000 in pain and suffering. The final award will be reduced to an amount within the policy limits after the application of various set-offs.