$4.09 Million Jury Verdict
Tractor Trailer Crashes into a Motor Vehicle Driven by a 42 Year Old Woman – Plaintiff in this case was stopped at a red traffic light, when a tractor trailer crashed into the side of her vehicle. As a result of this collision the forty two year-old woman suffered three herniated disks. The plaintiff underwent surgery involving a lumbar diskectomy and fusion with anterior cage dowel composite implantation at the L4-L5 and L5-S1 spinal levels. Six days after this surgery, the Plaintiff underwent the second stage of the surgical procedure involving a micro surgical diskectomy bilaterally of the lumbar disk herniations at L3-L4 and a fat graft application of the epidural space to minimize epidural fibrosis. Jury awarded the Plaintiff $3,782,461.10 for her damages and awarded her husband $300,000.00 for his loss of consortium. This is the fourth largest jury verdict in Miami-Dade County, Florida in 2000.
$1.03 Million Settlement
Rental Car Company Pays Family of Girl Who Died in Crash – Ten people pack into a rented van on their way to Disney World. The driver loses control of the vehicle, causing it to flip over and killing a ten year old passenger. The Florida Highway Patrol cited the driver of the vehicle for careless driving. The Rental Car Company paid the family of the deceased minor the sum of $1.03 Million.
$700,000 Settlement
40 Year Old House Painter Falls Off Scaffolding– Forty year old client was one of several subcontractors working on a private home construction in Vero Beach. He was a painter and was preparing to paint the second story of the house when he leaned on a safety rail that had been installed by the general contractor. The safety rail was constructed with two-by-fours. The safety rail was nailed with 12 penny and 16 penny nails which were insufficient to hold the scaffolding. The client fell receiving a right tibia fracture with commutation and significant displacement of the lateral half of the distal tibia. There were other fractures, as well. The client underwent six surgeries.
In an interesting legal issue, the general contractor asserted workers’ compensation immunity. If successful with that defense, it would mean that they owed nothing to our client.
Discovery showed that the using of these types of nails was so improper that it amounted to willful and wonton conduct. With the help of an appellate attorney, we were able to establish that the conduct was willful and wonton, so as to not have the workers’ compensation immunity doctrine apply. Once that was accomplished, the insurance company had no alternative but to pay the full value of the claim and it settled for $700,000.00