G. Jeffrey Vernis and Bryan Ashlock (N. Palm Beach, FL)(Automobile Liability) obtained a Defense Verdict in an admitted-negligence underinsured motorist trial in St. Lucie County, Florida.
Background: The Plaintiff was driving on I-95 when an improperly secured steel panel flew off the back of a trailer and struck her vehicle. She claimed injuries including a neck injury that required a two-level fusion after conservative treatment failed. The tortfeasor settled before trial, within their underlying policy of $300,000. The defense admitted the tortfeasor’s negligence and contested causation and damages.
Plaintiff’s case: The Plaintiff presented her surgeon, Dr. John Coates, by video deposition. He testified that, based on all of the information available to him and his performance of the surgery, the incident caused the need for surgery. Her neuroradiologist, Dr. Jose Pizarro, testified that an MRI taken 49 days after the incident showed recent, acute injuries. Her past medical expenses were $125,540.56, and she presented future medical expenses of $10,000.
Defense case: The defense called neurosurgeon Dr. Jordan Grabel by video deposition. He testified that the Plaintiff’s condition was neither recent nor acute but was a longstanding degenerative process, resulting from a prior neck surgery and adjacent segment degeneration. The Plaintiff countered with the absence of any medical treatment or neck complaints in the 15 years before the incident.
Verdict: Plaintiff’s demand at trial was $2.1 million. After deliberating over two hours, the jury returned a verdict of $235,540.56:
- Past medical expenses: $125,540.56
- Future medical expenses: $10,000.00
- Past pain and suffering: $80,000.00
- Future pain and suffering: $20,000.00
After the $300,000 set-off, the Plaintiff was awarded $0. Defense post-trial motions are pending.