Unsubstantiated Property Damages
Fort Lauderdale attorneys Lowell Karr and Hunter Schulz obtained a favorable defense verdict in a two-day property damage trial in Martin County.
The firm represented the owner a vehicle that was driven through the wall of the plaintiff’s condominium. The defense admitted liability (both negligence and causation) prior to trial. The disputed damages were over the amount it would cost to repair the condo to its pre-accident condition.
The defense offered to settle prior to trial, but the plaintiff rejected the offer.
The plaintiff’s case relied on her testimony as to amounts paid for certain furnishings during her renovation of the property immediately before the accident and the unsubstantiated cost of certain repairs. She also relied on a general contractor’s estimate that failed to document the amount and basis for its line items before estimating the necessary repairs.
The jury deliberated for 25 minutes before returning a verdict amounting to half of the plaintiff’s damages request.