George L. Fernandez and Dexter Romanez, partners in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A., obtained a defense victory on behalf of their clients, World Fiber Technologies Inc. and Adonis Aragon. After seven years of litigation, the jury verdict of only $40,755.40 (after PIP set-off) in this admitted liability automobile crash will actually result in a substantial net judgment in favor of the defendants as the prevailing parties on two prior proposals for settlement.
The plaintiff brought claims against our clients for significant personal injuries following a violent motor vehicle crash that occurred in Miami-Dade County Florida. The Defendant was alleged to have run a stop sign while driving a large F-450 commercial truck, thus causing a T-bone collision. The plaintiff testified that she lost consciousness and had to crawl out of her vehicle before first responders arrived. The plaintiff was transported to Ryder Trauma Center/Jackson Memorial Hospital on an emergency basis, where she remained for three days. Thereafter, she sought extensive medical care resulting in cervical and lumbar injections and surgical recommendations. At trial, the plaintiff sought over $76,000 for past medical expenses and $1,321,100 for future medical expenses. Plaintiff presented trial testimony from her treating orthopedic spinal surgeon indicating that she would require a cervical disc replacement and lumbar discectomy as a result of the subject accident, in addition to substantial future medical care.
At trial, the defense presented the testimony of a neuroradiologist and spinal surgeon to explain that the plaintiff did not sustain acute disc herniations and that she fully recovered from the car crash without sustaining any permanent injuries whatsoever. At trial, the plaintiff emphasized the severe nature of the crash through various photographs depicting substantial property damage to the plaintiff’s vehicle in the T-bone collision. The defense was also able to impeach the plaintiff regarding two unrelated workers’ compensation injuries which admittedly resulted in minor neck and back complaints which resolved, but were not disclosed by the plaintiff in discovery.
The jury agreed with the defense that the plaintiff did not sustain a permanent injury and only awarded her past trauma center and fire rescue bills, and an additional $10,000 for medical care, as suggested by the defense. The plaintiff failed to accept two prior proposals for settlement served before trial and will therefore be responsible for in excess of $100,000 in past attorneys’ fees and costs, which will result in a net judgment in favor of the defendants in this admitted liability case. Read more HERE.