Banker Lopez Gassler P.A.
  • Practice Areas
  • Attorneys
  • News
  • Careers
  • Locations
  • About Us
Get In Touch
Get In Touch
Back to latest news

Ezequiel Lugo Obtains Appellate Verdict In Automobile Negligence Case

August 10, 2020

Ezequiel Lugo obtained an appellate opinion in an automobile negligence appeal that reversed a final judgment after a jury verdict for the plaintiff.

At trial, the plaintiff relied on a treating doctor’s testimony that she sustained a permanent injury as a result of the accident.  The defense did not call an expert witness to rebut the testimony of the plaintiff’s doctor.  Instead, the defense relied on the plaintiff’s history of prior injuries, medical records disputing the treating doctor’s testimony, the plaintiff’s lack of candor with the treating doctor, and impeachment evidence that included a letter of protection.

The plaintiff moved for a directed verdict based on the argument that the jury could not reach a defense verdict without testimony from a defense expert rebutting the testimony of the plaintiff’s treating doctor.  The trial court agreed with this argument and entered directed verdict for the plaintiff on the issues of causation and permanency.  The trial court also instructed the jury that the plaintiff sustained a permanent injury caused by the automobile accident.  The jury returned a verdict for the plaintiff in the amount of $446,000.

The defense appealed.  Ezequiel Lugo argued that directed verdict was improper because there was evidence from which the jury could render a verdict for the defendant.

The appellate court agreed with Ezequiel and explained that the absence of a defense expert to rebut the testimony of the plaintiff’s treating doctor was not fatal to the defendant’s right to have the issues of causation and permanency decided by a jury.  The appellate court noted evidence of prior injuries as well as the medical records that cast doubt on the treating doctor’s opinion.  The appellate court also stated that the jury could reasonably question the credibility of the plaintiff’s treating doctor “even if only because he was providing his services under a letter of protection.”

The case is United Services Automobile Association v. Rey, No. 2D18-5120, 2020 WL 4492304 (Fla. 2d DCA Aug. 5, 2020)


Related attorneys

Ezequiel   Lugo
Shareholder
Lugo, Ezequiel
Tampa
(813) 574-8543
View profile

Keep reading

August 31, 2020

Carlo Marichal Receives Defense Verdict

Read more
August 21, 2020

Four Banker Lopez Gassler Lawyers Named Lawyer of the Year

Read more
August 20, 2020

Forty Banker Lopez Gassler Lawyers Named Best in America

Read more
Banker Lopez Gassler P.A.
Locations

Tampa

501 E. Kennedy Boulevard
Suite 1700
Tampa, FL 33602

St. Petersburg

360 Central Avenue
Suite 1600
St. Petersburg, FL 33701

Orlando

315 East Robinson Street
Suite 680
Orlando, FL 32801

Fort Myers

4415 Metro Parkway
Suite 208
Fort Myers, FL 33916

Tallahassee

111 North Calhoun Street
Tallahassee, FL 32301

Fort Lauderdale

1200 South Pine Island Road
Suite 170
Plantation, FL 33324

Ocala

1900 S.E. 18th Avenue
Suite 300
Ocala, FL 34471

© 2025 Banker Lopez Gassler P.A., All Rights Reserved. |

Website Hosting & Web Development by RAD TECH

  • Contact us
  • Disclaimer
  • Compliance
  • Accessibility
  • LinkedIN
  • mail
All topics
  • All topics
  • Attorneys
  • Locations
  • Practice areas
  • News