CSK Defense Team
Tampa Partner Aaryn Ledoux and Co-Managing Partner Dan Shapiro
Case Summary
This case arose from a motor vehicle collision in which the Defendant’s driver ran a red light and struck the front passenger side of the Plaintiff’s vehicle. The driver passed away before suit was filed, and the Plaintiff pursued the claim against the driver’s estate. Although liability was admitted, the central dispute focused on the extent and cause of the Plaintiff’s alleged injuries.
Defense Strategy
The CSK Defense Team built its strategy around the Plaintiff’s significant pre-accident medical history, using it to challenge both the severity and causation of her claimed injuries. This approach included:
- Securing a key stipulation confirming that the Plaintiff had a three-year history of neck and back complaints, a documented scoliosis diagnosis, and a prior recommendation for a surgical consultation.
- Highlighting that the Plaintiff failed to disclose this medical history to any post-accident treating providers, and that even the Life Care Planner acknowledged the information could have been relevant to his evaluation.
- Emphasizing that when the Plaintiff established care with a new primary care physician two months after the accident, she did not mention the collision and consistently denied neck and back pain—further undermining her injury claims.
Outcome
While the Plaintiff sought a high-dollar recovery at trial, the jury awarded only a fraction of the amount requested, rejecting all claims of permanent injury, future damages, and pain and suffering. This result underscores the effectiveness of a strategically focused defense grounded in objective medical history, strong pre-trial stipulations, and witness testimony that exposed gaps in the Plaintiff’s narrative.
For Defendants—particularly estates or companies defending admitted-liability cases—this verdict highlights how thorough medical investigations and credibility challenges can significantly limit exposure, even when liability is not in dispute.
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