Tom Paradise and Megan Pariti (Hollywood, FL) (Automobile Liability) successfully obtained a Defense Verdict in a personal injury case where the Defendant had testified that he was at fault for a rear-end automobile accident. Despite the admission, the jury found in favor of the Defense, rejecting the Plaintiff’s claim for $2.6 million in damages.
The Plaintiff alleged she sustained a traumatic brain injury and cervical disc herniations requiring extensive treatment, including injections, rhizotomy, and further surgical recommendations such as a discectomy and disc replacement to multiple levels from a neurosurgeon. The case centered on an accident that occurred in January 2022, with the plaintiff claiming she was stopped at a red light when rear-ended by our client.
Through careful investigation, we challenged the Plaintiff’s account of how the accident occurred and argued that the Plaintiff’s stop was sudden and unexpected. Using Google Earth aerial photography, we were able to establish the precise location of impact by matching aerial images with background elements visible in the accident scene photographs. This analysis revealed that the collision occurred 210 feet from the intersection, not the 30 feet the Plaintiff had testified to under oath. The Defense also focused on the pattern of medical treatment, noting that all treating physicians had been referred by the Plaintiff’s attorney and had entered into letters of protection for the $126,000 in past medical bills. Rather than employing a medical billing expert, we highlighted these financial arrangements to demonstrate the physicians’ economic interest in the litigation outcome and questioned whether this influenced their treatment recommendations and opinions regarding causation. The Plaintiff presented testimony from the treating neurologist, radiologist, and neurosurgeon to support claims of traumatic brain injury, severe neck pain, and the need for future surgical intervention. The Defense countered with expert testimony from our own neurologist and orthopedic surgeon to challenge both the brain injury diagnosis and the cervical spine treatment claims.
Despite the Defendant’s admission of fault, the jury returned a complete Defense Verdict. Our argument successfully separated the issues of negligence and causation, ultimately persuading the jury that the defendant was not negligent, and that even if negligence occurred, it was not the legal cause of the Plaintiff’s claimed injuries.
We are currently pursuing a substantial claim for attorney’s fees and costs based on an expired proposal for settlement. Given the challenging liability situation, this case demonstrates the importance of a thorough investigation and strategic case development.