CSK Defense Team
Miami Partner Henry Salas
Miami Partner Sean Hernandez
Miami Associate Bridget Gonzalez
Case Summary
This case arose from a car-versus-pedestrian accident on a major street in Miami-Dade County. The Plaintiff alleged she was standing within white hashed lines behind a parking space when the Defendant struck her while making a turn. The Defendant maintained that the Plaintiff suddenly entered the roadway outside a crosswalk, leaving no opportunity to avoid the collision.
The Plaintiff did not call police or seek emergency treatment at the scene and waited five days before obtaining medical care. She later claimed hip and shoulder injuries, underwent surgery and injections, and sought approximately $1.5 million in damages.
Defense Strategy
The CSK Defense Team concentrated on liability and credibility, emphasizing the objective evidence and the absence of contemporaneous support for the Plaintiff’s version of events. The defense highlighted the delayed medical treatment and scrutinized both how the accident occurred and the nature and extent of the claimed injuries.
Through focused cross-examination and presentation of the Defendant’s account, the team argued that the Plaintiff unexpectedly entered the roadway and that the collision was unavoidable. The defense further challenged whether the alleged injuries were caused by the incident.
Outcome
After just over an hour of deliberations, the jury returned a complete defense verdict, finding no negligence on the part of the Defendant and awarding no damages. The verdict ended the case at the first question on the verdict form, and the Final Judgment reflects that the Plaintiff “shall take nothing, and the Defendant shall go hence without day.” The result demonstrates the strength of a disciplined, evidence-driven defense that required the Plaintiff to meet her burden of proof on both liability and damages, ultimately securing a decisive outcome and fully protecting the Defendant from a $1.5 million claim.
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.
