Attorneys: Benjamin L. Bedard, and Jason B. Vrbensky
Summary: This was a complex automobile negligence accident, involving both an initial minor impact automobile accident and a subsequent major impact occurring two and a half years later. The initial impact involved a rear impact by an alleged delivery driver. By trial, the only defendant remaining was the employer of the driver of the initial impact, all other parties had settled with the Plaintiff. The Plaintiff alleged to have suffered from acute neck and back pain, chronic occipital neuralgia, and a partial left shoulder tear from the first accident, with a complete tear requiring surgery following the second accident. The Plaintiff’s treatment for the occipital neuralgia included multiple bilateral nerve injections and multiple denervation procedures. The Plaintiff alleged the procedures for treatment of the occipital neuralgia would need to be repeated yearly for the rest of her life. Further, the Plaintiff claimed she had to close her personal business as a drapery designer and fabricator as a result of the injuries sustained in the initial impact. The Plaintiff related all injuries back to the initial impact, and claimed any subsequent injuries from the second accident were inseparable, seeking an award of all damages from the employer of the initial impact.
Our Client: Our firm represented the employer of the delivery driver.
Final Disposition: The case proceeded to trial in August of 2016, wherein the Plaintiff requested a jury verdict of $1,787,331, which included in excess of $239,000 in prior medical bills, and in excess of $300,000 in anticipated future medical bills. We argued that the injuries were not caused in the initial accident, and were pre-existing and/or wholly unrelated to the initial accident. The trial lasted for five days before a jury in Duval County. The jury returned a Defense Verdict in less than an hour awarding no damages to the Plaintiff. The jury verdict stands as final with no appeal.
Attorney: Lyman H. Reynolds
Summary: This negligence action against the City of Palm Beach Gardens arose during a non-custodial transport by a City’s police officer. During the course of the ride, the Plaintiff alleged that the City’s officer was driving at an excessive speed and stopped suddenly at a lowered guard gate. The Plaintiff claimed that he was thrown about the vehicle causing him to strike his head and shoulder against the barrier behind the front seat. Plaintiff claimed neck injury which resulted in a two level disc replacement surgery and claimed to have incurred over $200,000.00 in medical bills.
Our Client: Our firm represented the City of Palm Beach Gardens.
Final Disposition: After a three day trial in September 2016, the jury returned a Defense Verdict, finding no negligence on the part of the City’s officer.
Attorneys: Shelli A. Healy and Stephanie W. Kaufer
Summary: Plaintiff filed a claim for personal injury arising out of a December 2012 motor vehicle accident and sued the driver for negligence and the owner of the vehicle for vicarious liability under the dangerous instrumentality doctrine. Plaintiff’s alleged injuries included a carpal tunnel injury that resulted in surgery. Plaintiff was also permitted to assert a claim for punitive damages against the driver for allegations that he was driving under the influence at the time of the accident.
Our Client: Our firm represented the driver of the vehicle.
Final Disposition: The jury returned a Defense Verdict on October 1, 2015 after a 4 day trial. The driver had filed a proposal for settlement and is seeking entitlement to attorney’s fees and costs.
Attorney: Shelli A. Healy
Summary: The Plaintiff sued an insured Defendant driver for injuries suffered in a motor vehicle accident. The plaintiff claimed the defendant, who was driving a shuttle bus for a rental car company, violated her right of way while defendant was making a left turn into the Palm Beach International Airport. The defendant denied liability and claimed the plaintiff ran a red light.
Our Client: Our firm represented the Defendant driver.
Final Disposition: Medical bills totaled in excess of $100,000 and the plaintiff asked the jury to award over $500,000 in damages. The case was tried on the issues of liability and damages and the jury returned a verdict in forty five minutes finding no liability on behalf of the defendants.