CSK Defense Team
Tampa Managing Partner Dan Shapiro
Tampa Partner William Kirilloff
Case Summary
This case arose from a rear-end motor vehicle accident in which liability was admitted. The Plaintiff, who had no prior injury history, alleged significant and permanent injuries despite undergoing only conservative treatment following the accident. The lawsuit was filed against a commercial Defendant and its individual driver, both represented by the CSK Defense Team at trial.
The Plaintiff waived any claim for past medical expenses and instead sought future damages, including ongoing procedures and long-term care. To support these claims, the Plaintiff presented testimony from several witnesses, including a treating physician, a retained radiologist, and a life care planner.
Defense Strategy
The CSK Defense Team focused on challenging the medical necessity, reasonableness, causation, and permanence of the Plaintiff’s alleged injuries. While the Plaintiff presented multiple expert witnesses, the defense maintained a streamlined approach centered on objective medical findings and causation, calling only a radiologist to testify.
The defense also successfully addressed several procedural and evidentiary issues, including attempts by Plaintiff’s counsel to restrict the introduction of financial arrangements related to medical treatment. By maintaining a focused presentation, the defense emphasized the lack of objective evidence supporting claims of permanent injury and future damages.
Outcome
During closing arguments, the Plaintiff requested more than $5 million in damages, including approximately $660,000 for future medical care. After approximately 90 minutes of deliberation, the jury returned a complete defense verdict, finding that the Plaintiff did not sustain a permanent injury as a result of the accident and awarding no damages.
The verdict highlights the importance of closely examining medical evidence in admitted-liability cases and reinforces that, even when fault is undisputed, Plaintiffs must still meet their burden of proof as to injury, causation, and damages.
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