News & Events

Rod Lundy, a partner, and Tylar Heintz, an associate, both of our Orlando office, obtained a favorable verdict in Orange County, Florida before Judge Denise Beamer. Plaintiff was a pedestrian in the crosswalk when contacted by the collapsible mirror of defendant's vehicle which was making a left across plaintiff's path of travel. The incident was captured on a traffic video camera. Defendant admitted liability but argued comparative fault, causation, and damages.

The jury found plaintiff 30% at fault. Plaintiff contended she sustained a low back herniation causing radiculopathy and need for a microdisectomy.  We countered that she had no complaints of back pain the day of the incident or 5 days later when treated, nor any sign of radiculopathy 43 days later when she first made complaints of back pain to a provider.

We also contended in the 5 years post-accident she'd attended the YMCA 247 times, had numerous gaps in treatment (one was 575 days), and surveillance showed her jogging and biking.  Plaintiff countered those activities caused her pain but were therapeutic.

Plaintiff asked the jury to award over 4 million dollars, consisting of 460k for past damages, and 3.6 million for future damages. The jury awarded only past medical expenses of 55k, future medical expenses of 10k, but found Plaintiff had not sustained a permanent injury so awarded no pain and suffering damages. The total verdict of 65k was reduced 30% by the comparative fault finding for a total before PIP set-off of 45.5k. We filed a PFS of 125k a few months before trial.