After a six-day trial in an automobile negligence suit (with a punitive damages claim), Joe Carey, of our Orlando office, obtained a complete defense verdict. Defendant was not charged with DUI at the accident scene and passed a field sobriety test, but discovery and credit card statements showed that he had consumed a number of pints of beer that evening. Plaintiff’s toxicologist therefore opined the Defendant was intoxicated at the time of the crash. Accordingly, the Judge allowed the suit to be amended to add a claim for punitive damages. To make matters worse, Joe’s expert changed his opinion on the eve of trial and concurred that the defendant’s blood alcohol level was beyond the legal limit.
Plaintiff reported no injury at the scene, but was seen for a right rotator cuff injury 3 months later. He also claimed disc injuries to the lumbar and cervical spine, and a closed head injury. The right shoulder injury required surgery and the past and future medical expenses totaled $150,000.00. The jury demand at trial was in excess of $750,000.00. Fortunately, the defense had surveillance video showing the plaintiff lifting and installing tile. Joe also had some strong medical experts testify on causation. Ultimately, as a result of Joe’s preparation of the case, presentation of witnesses, and skillful cross-examination and arguments, Joe persuaded the jury to reject Plaintiff’s case, and the jury returned a complete defense verdict.
