CSK Defense Team
Miami Partner Joseph Goldberg
Fort Lauderdale West Partner Ricardo Clerge-Apollon
Miami Partner Michael Brand
Case Summary
This auto accident case arose from a rear-end collision in which the Defendant, a teenage driver, admitted fault after striking the Plaintiff’s stopped vehicle. Both vehicles were totaled.
The Plaintiff, who had no prior spinal complaints, claimed she suffered serious injuries as a result of the crash. Over the next three years, she underwent conservative treatment and received injections. Two neurosurgeons testified that she would require a three-level spinal fusion, with an estimated cost of approximately $200,000.
At trial, the Plaintiff sought $275,000 in medical expenses and $2.8 million in pain and suffering damages.
Defense Strategy
Because liability was admitted, the CSK Defense Team focused on damages—specifically whether the Plaintiff sustained a permanent injury as defined under Florida law.
The defense challenged both the necessity of the proposed surgery and whether the crash caused the alleged long-term condition. The team emphasized the lack of objective medical findings to support a permanent injury. By clearly distinguishing between temporary symptoms and a legally compensable permanent condition, the defense directed the jury’s attention to the level of medical proof required to support future surgery and non-economic damages.
Outcome
The jury awarded approximately 2% of the Plaintiff’s requested amount for past and future medical care and found that she did not sustain a permanent injury. As a result, the jury awarded no damages for pain and suffering.
This verdict demonstrates that even when liability is admitted, juries carefully evaluate claims for future treatment and long-term injury. It reinforces the importance of strong medical evidence when significant damages are sought.
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