Fort Myers Attorney Receives Defense Verdict After 10 Minute Jury Deliberation
April 9, 2012
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obtained a defense verdict after 10 minutes of deliberation by the jury in a contested intersectional accident. Our client and the plaintiff each claimed to have come to a complete stop at a four-way intersection and looked carefully in all directions. Both claimed they did not see each other as they pulled out into the intersection, just prior to the collision. After our client had travelled through over two-thirds of the intersection, the plaintiff hit the defendant’s vehicle near the rear tire. The impact was so severe that the plaintiff’s airbag discharged and the impact caused $8,000 property damage to the plaintiff’s vehicle.
Despite the allegation that the plaintiff sustained a serious and permanent right shoulder injury, s(he) refused care at the scene, presented to the ER two days later with right shoulder complaints, and then failed to treat for 17 months until he ultimately presented to a chiropractor.
The plaintiff testified that he never complained of prior right shoulder problems prior to the accident at issue. However, through counsel’s investigation, medical records evidencing prior right shoulder treatment and a prior MRI of the right shoulder were found. The plaintiff’s past medical bills were $9,500, with future medical bills claimed in the amount of $11,200, for a total requested verdict for medical expenses of $36,000.
The jury returned a complete defense verdict after only 10 minutes of deliberation.
Jesse T. Gubernat
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