Prevailing on an Underinsured Tender Reject File
Attorneys Eric Ochotorena, Jesse Shurman and Sydney Campbell representing our Tampa office obtained a verdict that will be a $0 judgement after set offs.
This was an Underinsured Motorist claim. The UM policy limits were tendered and rejected long before trial. The case involved a significant rear-end collision where negligence was admitted prior to trial. Plaintiff was a 40-year-old mother with no history of any significant prior injuries or complaints.
Plaintiff’s post-accident treatment involved care from a network of doctors, including numerous chiropractors, radiologists, neurosurgeons, and pain management doctors. During trial, Plaintiff called six different treaters to offer testimony that all of Plaintiff’s injuries were significant, causally related, and permanent. Each doctor was effectively crossed on inconsistencies in their own records, in their timeline of care, with the records from the plaintiff’s other “non-accident” doctors, as well as their mutual referral relationships and their care being provided under a letter of protection. Following the plaintiff’s case in chief, the defense secured numerous directed verdicts.
During closing arguments, Plaintiff counsel sought just under $2 million in pain and suffering. Defense suggested the jury award approximately $42,000. The jury deliberated for just over one hour and returned a verdict only awarding past medical expenses in the amount of $50,000. The bodily injury carrier tendered their policy of $50,000 pre-suit. Defense will get setoffs for PIP and the bodily injury previously tendered so after set offs, the plaintiff will receive a judgment of $0.
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