Verdict Obtained in Admitted Liability Rear-End Auto Collision

Posted in Newsletters - 2021, Verdicts and Settlements on May 5, 2021

Joshua E. Nathanson, a partner in the firm’s Hollywood office, obtained a verdict in an admitted liability rear-end auto collision. This was one of the first live trials held in Miami, Dade County since the COVID-19 shutdown.
This was a rear-end automobile accident, where the parties stipulated to fault for the accident. The Plaintiff was treated on the date of the accident at the emergency room and then had follow-up treatment with a chiropractor and orthopedic surgeon, who performed a percutaneous discectomy to the lumbar spine. The orthopedic surgeon also recommended a cervical fusion and lumbar fusion in the future. Plaintiff’s past medical bills were $169,519.92 and asked for $235,000 for future medical treatment. The defense called as a witness, a neurosurgeon, who the Plaintiff saw for a second opinion. That doctor testified that he did not have enough information at the time to say if the Plaintiff was a surgical candidate. The defense CME doctor testified that it was his opinion that the Plaintiff did not sustain a permanent injury from the accident, but did concede that since the Plaintiff went to the emergency room on the date of the accident, it was reasonable that she undergo a couple weeks of therapy and one visit to an orthopedic physician. In closing argument, the Plaintiff attorney asked the jury to award 1.4 million dollars for the Plaintiff’s claim and between $140,000 to $280,000 for the husband’s consortium claim. 
The jury awarded past medical bills of $68,696 and future medical bills of $160,000. The jury found that that the Plaintiff did not sustain a permanent injury and awarded $0 for the husband’s consortium claim.