When the Details Don’t Add Up
Partners Jeremy Palma and Aaron Eagan with associate Giulia Grant secured an outstanding verdict following a five-day jury trial in Seminole County, Florida.
The case involved a rear-end collision in which both vehicles were totaled and negligence was admitted. The plaintiff claimed permanent neck and back injuries, underwent a lumbar laminectomy, and presented boardable past medical bills exceeding $290,000. The plaintiff’s treating surgeon testified that the surgery had failed, opining that a future spinal fusion and spinal cord stimulator would be needed at a combined cost of approximately $450,000. The plaintiff also presented wage loss and lost earning capacity claims, along with emotional testimony about how the injuries had impacted his daily life. In closing, the plaintiff asked the jury to award $8,780,000 in total damages.
This was a tender rejection case transferred to our firm in 2025 from prior defense counsel. At the point it was transferred to Rissman, experts had already been disclosed and there was no compulsory medical examiner on behalf of the defense so the defense proceeded to trial with a radiologist as its sole expert. The defense radiologist opined that there was no objective radiographic evidence of any acute change or aggravation to the plaintiff’s spine. The defense also highlighted an 11-day gap between the collision and the plaintiff’s first treatment, along with a three-year absence of interventional spine care leading up to trial. The plaintiff’s surgeon was impeached with his prior testimony no fewer than three times after expressing a new aggravation opinion only weeks before trial. On cross-examination, the plaintiff himself acknowledged untrue statements made during direct examination, contradicted by his own primary care records.
During deliberations, the plaintiff’s counsel proposed a high-low agreement of $1,000,000 to $6,000,000, which the defense rejected. After four hours of deliberation, the jury returned a verdict awarding just $9,199 in past medical bills and $17,830 in past lost wages, finding no permanency. The defense will now pursue fees and costs under a previously served proposal for settlement.
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