Timothy Kazee and Caroline D’Alessio (Deland, FL) (Automobile Liability) obtained a Defense Verdict in a negligence action pending in Marion County Circuit Court (Pre-Tort Reform Case). While in the course and scope of his employment, Defendant stopped at a gas station and parked his work truck in a spot near the store’s entryway. As Defendant backed out, his truck struck the Plaintiff causing her to fall to the ground and strike her head. Emergency services arrived at the scene. The Plaintiff (a 36-year-old nurse) was examined at the scene, refused transport, and went directly to the emergency room at the hospital where she worked. The Plaintiff’s discharge diagnoses included a closed head injury, cervical strain, shoulder pain, and knee contusion. Following conservative care, including chiropractic treatment, physical therapy, and epidural steroid injections, she had a radiofrequency ablation. The Plaintiff later underwent a laminectomy, partial facetectomy, disc excision and decompression, with intraoperative confirmation of L5-S1 extruded disc herniation.
During the trial, Plaintiff testified that she was walking toward the store when the truck quickly backed into her. She had no significant relevant medical history. She presented testimony from her neurosurgeon and a second opinion orthopedic surgeon, both of whom recommended lumbar surgery and lifelong palliative care. The Defense presented detailed evidence that the Plaintiff had the last clear chance to avoid the accident (advantage of time, distance, and vantage point) but was inattentive. For causation and damages, the Defense presented expert testimony showing treatment inconsistencies and diagnostic imaging discrepancies rebutting Plaintiff’s surgeons’ opinions regarding pre- and intraoperative findings of related herniation with extrusion. It was further shown that the Plaintiff did not fail conservative care, that she continued to work following the accident, and that her physicians had a financial interest in the litigation.
The Plaintiff asked the jury for a multi-million-dollar verdict, including past medical expenses of $177,380.41; future medical expenses of $1,266,000; lost wages of $17,000; and past and future pain and suffering of between $50 to $500 per day for the rest of her life (40+ years). After one and a half hours of deliberations, the jury returned a total Defense Verdict. The Defense has a Proposal for Settlement, and the Court has retained jurisdiction to determine Defendants’ fees and costs.