Overcoming a Legal Presumption
Attorneys Derek Bush and Amy Hanna from our Jacksonville office recently obtained a defense verdict on liability where Plaintiff underwent two surgeries with high medical bills.
The case involved a brother-on-brother motor vehicle accident. Both vehicles were stopped at an intersection for a red light. When the light turned green, Plaintiff, who was in the front vehicle, began accelerating through the intersection with Defendant following. Approximately two-thirds of the way through the intersection, Plaintiff came to a sudden stop when a pedestrian stepped off the sidewalk without a crosswalk into the lane where Plaintiff was driving. The Defendant could not stop in time, and rear ended the Plaintiff’s vehicle.
Plaintiff initially underwent chiropractic care and MRIs which showed disc herniations. There was a pre-suit demand for policy limits of $25,000, which was initially rejected. Plaintiff then received a surgical recommendation and filed suit. The case was transferred to our office after the policy was tendered and rejected. Plaintiff’s total medical bills at the time of trial were $419,000, primarily consisting of a lumbar surgery, cervical surgery, and multiple pain management procedures.
The defense maintained a liability defense, arguing that Plaintiff came to a sudden and unexpected stop in an area where a stop would not have been expected. The defense utilized a biomechanical expert who showed that the amount of force experienced in Plaintiff’s spine in the collision was roughly equivalent to sitting in a chair or walking around the room.
Plaintiff asked for $3,250,000 in closing, but the jury returned a defense verdict on liability.
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