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Firm News

Polk County UM Trial Win

July 15, 2010

Adam Shelton and Troy McRitchie, shareholders in the St. Petersburg office, recently defended a uninsured motorist carrier in a case with admitted liability and admitted causation with a cervical surgery recommendation for the Plaintiff. The Plaintiff had confirmed MRI findings and no prior history of cervical complaints. Further, the case involved a significant impact and Plaintiff was a passenger.

Mr. Shelton successfully argued for Directed Verdict as to Plaintiff’s entire wage claim together with Directed Verdict on the issue of surgical cost based upon lack of and/or speculative evidence.

Plaintiff had a $50,000.00 UM policy and a long-expired Civil Remedies Notice. At the close of evidence, Plaintiff sought nearly $800,000.00 in total damages associated with the “need for surgery”, recovery and pain and suffering and a very convincing argument related to consortium. Setoff’s for $15,000.00 were taken pre-trial and Plaintiff sought recovery for $3,300 in past medical expenses. Following a two-hour deliberation, the jury returned a verdict for the outstanding medical bills and future medical bills of $40,000.00. Finding no permanency, the jury awarded $0 for pain and suffering and $0 for Plaintiff’s Husband’s consortium claim—resulting in a verdict of approximately $43,000.00. After set-offs of $50,000.00, the result ended in a net loss to the Plaintiff.
Adam C. Shelton
(727) 825-3612

Troy J. McRitchie
(727) 825-3611