News & Events

Rod Lundy and Tiffany Miles of our Orlando office secured a favorable verdict for our defendant company and its driver in Lake County following a 5 day trial.  The defense admitted liability for the rear-end collision, which was captured on the company’s onboard video system.  

Plaintiff claimed permanent aggravation of his previous back herniation and acute tear of his left rotator cuff.  Plaintiff underwent surgery for both and his bills exceeded $205,000.   Plaintiff was involved in previous accidents in 2012 and 2013, in which the herniation was initially diagnosed and also alleged some shoulder issues.  However, after a few months of treatment in 2013, plaintiff had no additional treatment before our 2017 accident.  

Plaintiff’s back and shoulder surgeons weren’t aware of the previous treatment but testified the accident caused or permanently aggravated plaintiff’s injuries to the point of surgery.  However, plaintiff’s shoulder surgeon conceded there was no clear evidence of acute injury.    

Defendants’ shoulder CME physician testified plaintiff’s rotator cuff tear showed no sign of acute injury, which was bolstered by plaintiff’s lack of significant shoulder complaints at the time of the accident.   Defendant also showed surveillance of plaintiff at work washing vans with long stick mops and walking and standing and occasionally bending. 

Plaintiff asked for the $205,000 in medical bills and almost $700,000 in non-economic damages.  The jury awarded plaintiff only $50,000 in medical bills, and found no permanent injury.  As such, plaintiff’s verdict was for only $50,000. 

Plaintiff’s pre-suit demand was $500,000. Defendants served a proposal for settlement for $100,000.  Defendants’ motion for fees and costs is pending.