Bryson v. Perry
Congratulations Michael C. Woodard for obtaining a dismissal with prejudice in the Bryson v. Perry matter.
This personal injury action involved a motor vehicle accident in which plaintiff claimed her vehicle was side swiped by the defendant and that as a result, she underwent surgery on her hand and shoulder. Plaintiff’s prior medical history was complicated and included multiple prior accidents, surgical procedures and pre-existing conditions. During the course of the litigation, Plaintiff repeatedly failed to provide responses to discovery requests relating to pre-existing conditions and prior treatment. Plaintiff went through three different attorneys before representing herself.
After plaintiff’s repeated violations of court orders compelling discovery responses, the court granted defendant’s motion for contempt and sanctions, and entered a dismissal with prejudice.
Verdict Date: June 08, 2017
S.D. v. Seminole County
Congratulations Bowie Kuhn for obtaining a defense verdict on behalf of Seminole County.
Plaintiff, S.D, lived a few blocks from the area where she fell and acknowledged walking the area the day before her fall. Ms. D allegedly injured her knee and after receiving a recommendation from her counsel came under the care of Richard Smith, MD. Ms. D signed a LOP, an MRI of the knee was obtained, and surgery recommended. For unknown reasons, Ms. D next came under the care of, Merrill Reuter, MD who had her sin an LOP and recommended surgery. However, Ms. D once again changed surgeons, to David Petersen, MD who continued the pattern of obtaining a LOP and recommending surgery. The surgery was performed by Dr. Peterson and plaintiff was seen for one post- surgical office visit before returning to Russia. Ms. D returned to Florida four months later and saw Dr. Petersen on two more occasions. Dr. Petersen suggested that she would need a total knee replacement sometime in the future at an expense of $200,000. Plaintiff’s case focused on a County sidewalk inspection of the area which identified 5 sidewalk “panels” that needed to be replaced. A work order had been generated, placing the repair job in line with hundreds of others. The County argued the panels identified for need of repair were not the same panels that caused Ms. D to trip. The defense’s position was the sidewalk cracks were so open and obvious that only Ms. D’s inattentiveness was the reason she fell. Most damaging to Ms. D’s case was surveillance of her taken over a 3 day period showing her walking with no cane or limp. However the day of her scheduled IME she was captured walking into the doctor’s office and leaving with a limp and cane. After the IME, she was captured exiting the car, sans limp or cane and seen carrying numerous items throughout a store with no limp. Plaintiff counsel asked the jury to award $250,000.
The jury retired and returned a defense verdict an hour later.
Verdict Date: May 10, 2017