CSK Defense Team
Jacksonville Partner Patrick Snyder
Jacksonville Associate Patrick McCarthy
Case Summary
This case arose from a 2022 rear-end collision in Alachua County, Florida involving an underinsured driver. Liability was admitted, and the dispute focused on the nature and extent of the Plaintiff’s claimed injuries.
The Plaintiff alleged neck and back injuries and a concussion later characterized as a traumatic brain injury, along with ongoing cognitive complaints. Because the at-fault driver had minimal coverage, the Plaintiff pursued additional compensation from his own underinsured motorist carrier.
Defense Strategy
The CSK Defense Team emphasized the low-speed, low-impact nature of the crash and the lack of objective evidence supporting a permanent injury. Although the Plaintiff denied prior injuries to treating providers, the defense introduced records of multiple prior motor vehicle accidents and workplace injuries involving similar complaints.
A defense orthopedic surgeon testified that the Plaintiff did not sustain a permanent injury related to the collision, challenging the claims for future medical care and long-term damages.
Outcome
The jury returned a defense-favorable verdict, awarding only part of the past medical expenses claimed and limited lost wages. It found no permanent injury and rejected claims for future medical expenses, future wage loss, and future pain and suffering. Collateral source setoffs are expected to further reduce the net recovery.
This verdict demonstrates that even when liability is admitted, juries closely evaluate causation and credibility and will limit damages to proven past losses when permanent injury is not supported by the evidence.
Special Thanks to the Jacksonville Team
Paralegal Ana Bitsai
Paralegal Linda Culp
Legal Assistant Justine Shields
Our team is available to discuss the topics written here and ready to provide additional information contained in this article. Contact us for more information.
