CSK Defense Team
West Palm Beach Partners Brian Pita and David Bradley
West Palm Beach Associate Amanda Mollica
Case Summary
This case arose from a collision in which a 62-year-old bicyclist struck the rear of a large landscape utility truck that was partially positioned in a marked bicycle lane. The Plaintiff alleged that the Defendant violated traffic laws by blocking the bicycle lane and failing to follow required lane closure procedures.
The Plaintiff sought damages for multiple orthopedic, neurological, and cognitive injuries. The Defendant disputed both fault and the extent of those injuries, maintaining that the Plaintiff's own actions contributed significantly to the collision.
Defense Strategy
The CSK Defense Team built its case around comparative negligence and the medical evidence supporting the Plaintiff's allegations. Expert testimony established that the work being performed did not require compliance with FDOT lane closure procedures, directly addressing the Plaintiff's theory of fault.
The defense also challenged the alleged traumatic brain injury through expert testimony and neuropsychological testing, which showed cognitive functioning within the average to above-average range for the Plaintiff's age. Together, the evidence supported the position that the Plaintiff bore substantial responsibility for the accident and that the claimed damages were not fully supported.
Outcome
After a seven-day trial and approximately two and a half hours of deliberation, the jury found both parties negligent but assigned 90% of the fault to the Plaintiff and 10% to the Defendant. The jury awarded damages for past and future medical expenses but found that the Plaintiff did not sustain a permanent injury and declined to award damages for pain and suffering.
Because the case was governed by Florida's post-tort reform comparative fault rules, the Plaintiff will recover no damages. The verdict underscores the value of combining strong liability evidence with well-supported expert testimony to defend complex personal injury claims.
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