News & Events

Hinda Klein, head of the firm’s appellate division, was successful in obtaining a reversal of a directed verdict on causation in a case before the new Sixth District Court of Appeal.  The case involved a 24-year-old Plaintiff who was in an accident with our client and claimed to have suffered serious low back injuries.  The Plaintiff did not complain of back pain in the emergency room, did not seek medical attention for his back pain for about 18 days after the accident and was previously and subsequently engaged in rowing crew competitively.  In addition, the Plaintiff had consulted a chiropractor before the accident for low back pain and did not complete his course of treatment.  The trial court directed a verdict against the defense on the ground that no expert testified that the Plaintiff had not suffered some injury in the accident. 

On appeal, the Sixth District held that the trial court erred because it did not take into account non-expert and other circumstantial evidence in the case in considering whether there was a factual dispute on the causation issue.  The case has been remanded for an entirely new trial.