CSK Defense Team
Tampa Co-Managing Partner Dan Shapiro
Tampa Partner William Kirilloff
Case Summary
Stemming from a rear-end collision in 2022, this case involved a Plaintiff who claimed neck- and jaw-related injuries. Although the Defendant admitted liability for the accident, the Plaintiff sought past and future medical expenses, as well as damages for pain and suffering.
Defense Strategy
The CSK Defense Team focused on challenging both causation and the extent of the Plaintiff’s claimed injuries. They emphasized the absence of prior medical records supporting the alleged upper-body and jaw-related conditions and used strategic cross-examination to highlight subtle indicators of preexisting issues. By targeting weaknesses in the Plaintiff’s “before and after” narrative, the defense presented a persuasive case that the claimed injuries and symptoms were not solely attributable to the collision. This approach effectively narrowed the scope of recoverable damages.
Outcome
The jury rejected the Plaintiff’s claims for extensive future medical care and non-economic damages, limiting the award to past medical expenses. The amount awarded aligned with the Plaintiff’s initial treatment costs, reflecting the jury’s unwillingness to accept the broader scope of claimed damages. This result positions the defense to significantly reduce—or potentially eliminate—the remaining recovery.
The verdict highlights the impact of effective cross-examination, the importance of carefully examining claims involving preexisting conditions, and the value of focusing on causation in admitted liability cases. It also shows how Florida juries take a close look at medical evidence, particularly when long-term treatment and permanent injury are claimed.
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