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John Viggiani, Managing Partner, and Lissa Dayton, an Associate in the firm’s Jacksonville office obtained a defense verdict for our trucking company client and its driver in a 3 day jury trial in Jacksonville, Florida.  The defense admitted responsibility for causing the accident which involved the defendant driver backing up and hitting the front of the Plaintiff’s vehicle while she was stopped in traffic.  The Plaintiff claimed to have crushed her left foot in the accident and to have subsequently developed Reflex Sympathetic Dystrophy/Complex Regional Pain Syndrome.  Both of the Plaintiff’s treating physicians indicated the injury to her foot and subsequent problems were caused by the accident and developed over the 5 and ½ years following the accident. Neither of Plaintiff’s doctors were provided or aware of the Plaintiff going to the Emergency Room 3 days after the accident and their being no indication of any injury or problem with her left foot. 

Both of the Plaintiff’s treating doctors testified that if she had sustained an injury in the accident there would have been some signs or symptoms at the time she went to the hospital 3 days after the accident. This was further confirmed by both the Emergency Room physician and Defendants’ CME.  The Emergency Room physician also testified the Plaintiff did not report any injury or problems with her left foot and that it was examined on this visit and no sign of injury was seen or noted. 

In Closing, the Plaintiff asked the jury for over $400,000 in past and future medical care and pain and suffering. The Defendants argued there was no injury from this accident based on the Emergency Room record from three days after the accident. The jury entered a verdict that the Plaintiff did not sustain any injury, loss or damage as a result of the accident. 

Plaintiff’s pre-trial demand was $350,000. Defendants filed a Proposal for Settlement for $2,500. Defendants are filing a Motion to Tax fees and costs.