Orlando Partner Michael Merrill and Orlando Associate Yolanda Martinez recently received a great trial result in Pinellas County.
The case involved an admitted liability auto accident between our client's 30,000 pound recycling truck and the Plaintiff's vehicle. The Plaintiff was seen at the hospital the following day and diagnosed with a concussion, as well as neck and back injuries. 10 weeks after the accident, the Plaintiff underwent a three-level neck surgery. The Plaintiff then had complications from the neck surgery, which led to a right elbow cubital tunnel release surgery.
The Plaintiff also eventually underwent surgery to his left shoulder to repair a SLAP tear. All the while, the Plaintiff was treating with a neurosurgeon for his claimed traumatic brain injury, receiving exosome treatment, as well receiving lidocaine infusions every few months for his claimed complex regional pain syndrome. The Plaintiff boarded $750,000 in past medical expenses and had a $2,000,000 life care plan. During closing arguments, the Plaintiff asked for a total award of $10,000,000. Based on limited pre-accident records, the defense argued the Plaintiff had pre-existing abnormalities at each area of the body where he was claiming injuries and he also failed to disclose this information to his medical providers.
Accordingly, we suggested a verdict covering the first six weeks of Plaintiff's care, which was approximately $30,000. The jury deliberated for five hours and rendered a verdict of $40,000, with no permanent injury. The Plaintiff had rejected several six-figure offers prior to trial, as well as rejected a non-binding arbitration award of $830,000, which will trigger a claim for our fees and costs. Needless to say, the clients and carriers were thrilled with the outcome.
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