CSK Defense Team
Tampa Managing Partner Daniel Shapiro
Jacksonville Partner Victoria Merritt
Jacksonville Administrative Partner Jennifer Kass
Case Summary
This case arose from a 2019 motor vehicle accident in which the Defendant's vehicle struck the Plaintiff's vehicle. The Plaintiff, through her mother, alleged that the collision caused a traumatic brain injury resulting in permanent injuries and extensive future care needs.
Although liability was admitted, the Plaintiff sought substantial compensation for medical treatment, therapies, educational and vocational assistance, transportation, and long-term support services. The litigation spanned six years, involved more than 85 depositions, and proceeded to a two-week jury trial.
Defense Strategy
The CSK Defense Team focused on whether the accident caused the permanent injuries alleged by the Plaintiff and whether the extensive future care recommendations were supported by the medical evidence.
Despite testimony from multiple experts regarding the minor's alleged traumatic brain injury and long-term needs, the Team challenged the evidence supporting causation, permanency, and the damages sought. During closing arguments, the Plaintiff's counsel suggested the case was worth approximately $100 million, while the defense proposed an award of less than $1,000 to account for the emergency room expenses incurred immediately following the accident.
Outcome
Following approximately 90 minutes of deliberation, the jury returned a verdict for the defense, finding that the Plaintiff had not sustained a permanent injury as a result of the accident and awarding $0 in past and future economic expenses.
The verdict highlights the importance of carefully evaluating medical evidence, causation, and permanency in automobile negligence litigation, particularly where liability for an accident is admitted but the nature and extent of the claimed injuries remain disputed.
Special Thanks
Jacksonville Paralegals Kelly Rice and Kortney Young
Paralegal and Webinar Manager Charles Costello
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