CSK Defense
West Palm Beach Partner David Bradley
Case Summary
This case arose from a clear-liability accident in which the Defendant failed to stop at a stop sign and struck a pedestrian in a marked crosswalk. The Plaintiff sustained severe back and leg injuries, including fractures and soft-tissue damage. After spending two weeks hospitalized and undergoing months of rehabilitation, the plaintiff sought $5 million in damages.
Defense Strategy
Mr. Bradley focused on presenting a reasonable alternative to the Plaintiff’s damages claim by disputing projected future medical costs and framing the case around fairness and proportionality. He concentrated on the Plaintiff’s medical records, which indicated a full recovery in 4 months allowing the jury to concentrate on a reasonable amount for past pain and suffering. The Plaintiff’s Orthopedic Surgeon and the CME Defense Doctor both stated that the Plaintiff would probably need a full knee replacement in 10 years. Mr. Bradley argued that the recovery from that operation would be likewise limited to four months.
Outcome
After just two hours of deliberation, the jury returned a verdict of $340,000—only 6.8% of the Plaintiff’s $5 million demand. The verdict was not only far below expectations but also less than the prior settlement, resulting in no additional compensation to the plaintiff and imposing liability under a Proposal for Settlement.
This outcome demonstrates that even in clear-liability cases, strategic defense planning and realistic valuation of damages can significantly influence jury verdicts and financial results.
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