John Kessenich and Shaw Ashley recently obtained a favorable verdict for clients after a two-week trial in a rear-end auto accident matter in Orange County, Florida. The Plaintiff had extensive treatment, including a cervical fusion, lumbar spinal cord stimulator, and knee arthroscopic surgery. Plaintiff was further recommended for multiple future surgeries. The Defense admitted partial liability but strategically focused on the liability of the driver of Plaintiff’s vehicle due to stopping suddenly. The Defense also focused on the Plaintiff’s various chronic health conditions as the actual cause of his alleged injuries and pain.
At the close of the case, the Plaintiff asked the jury for $2.4 million, and 100% liability on the defendants. The Defense suggested the jury award the Plaintiff damages in a range of approximately $15,000 – $450,000, a figure reflective of the Plaintiff’s treatment. The Defense also asked the jury to assign 50% liability to the Plaintiff’s driver and 50% to their clients. Ultimately, the jury returned a verdict of $300,000 and 50% liability to the defendant. This should result in a judgment of approximately $150,000, significantly less than the last pre-trial offer, further triggering the Defense’s Proposal for Settlement.
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