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Trial Victory Affirmed
September 10, 2009

Dale Parker, a shareholder in the St. Petersburg office, recently tried a case in Pinellas County in which the defendant, a young student, was driving home from night school. The plaintiff, who had just left a bar and was trying to find a friend’s house, made a left turn in front of the defendant. The plaintiff nevertheless filed a lawsuit against the defendant, arguing that, since the defendant did not see the plaintiff coming, she must not have had her headlights on. The jury ultimately returned a no-liability verdict.

The plaintiff then appealed, arguing that the trial judge improperly withheld medical records from the jury. One of Banker Lopez’s appellate shareholders, Mark Tinker, conversely argued that the verdict was one of no liability, and thus the exclusion of medical records, even if improper, was harmless. The Second District agreed, and the trial victory was affirmed.
Dale L. Parker
(727) 825-3608
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Mark D. Tinker
(727) 825-3615
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