Orlando Partner Michael Merrill and Jacksonville Associate Michael McSoley recently obtained a defense verdict in Duval County against a well-known national Plaintiff’s firm.
The case involved an admitted liability sideswipe accident on Interstate 10 with CSK’s client’s Mack truck and Plaintiff’s pickup truck. While the Plaintiff denied pain at the accident scene, he presented to the emergency room later that day and started his course of care a few days later. He eventually underwent two left shoulder surgeries and two low back surgeries. Plaintiff claimed $730,000 in past medical expenses and recommended future medical expenses of approximately $700,000. During closing arguments, Plaintiff asked the jury for $6.8 million in total damages.
Plaintiff continually asserted during trial that he never had prior injuries or complaints of pain in the same areas of his body as from this accident. Embedded in one of Plaintiff’s exhibits from a prior orthopedic doctor, however, were three referral notes where Plaintiff had in fact been treating for pain in the same areas. On cross-examination, Plaintiff eventually conceded that his earlier testimony of no pain and no treatment to these same areas was inaccurate.
The jury deliberated for 90 minutes before returning with a complete defense verdict. The Defendant had an expired Proposal for Settlement and plans to pursue fees and costs.
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