Orlando Partners Michele Morales and Stephanie McCoy secured a complete defense verdict in Alachua County in a personal injury case that occurred when a retail employee chased a shoplifter out of the store and in the process, allegedly injured the Plaintiff.
Plaintiff claimed she sustained a torn rotator cuff resulting in physical therapy, injections, and surgery that kept her out of work for six months. Prior to surgery, Plaintiff negotiated a settlement with the retailer’s claims adjuster, however, no agreement was ever signed. After learning she needed shoulder surgery, Plaintiff retained counsel and filed suit.
The defense admitted liability but argued that Plaintiff’s rotator cuff tear was not caused by the incident and that any related treatment was covered by a prior settlement that was reached between the parties. During trial, the jury heard numerous “inconsistencies” from Plaintiff about her ability to work, use her arm, payment of medical bills, and prior and subsequent accidents. The jury also heard Plaintiff’s orthopedic surgeon concede that there was no objective medical evidence that Plaintiff’s injury was related to the incident.
Plaintiff asked the jury to award her medical expenses and lost wages as well as past and future pain and suffering. The jury returned a defense verdict in less than one hour, finding accord and satisfaction of the claim.
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