David Drahos and Victor Genchi of the West Palm Beach office secured a complete defense verdict in Highlands County in a commercial trucking case brought by Morgan & Morgan. The case stemmed from a 2021 incident in which a dump truck tire exploded, while fully loaded, and struck the Plaintiff’s vehicle rendering it a total loss.
The 57-year-old Plaintiff claimed permanent spinal injuries and an inability to work since the January 21, 2021 incident. The defense had only one treatment with a chiropractor prior to the date of incident. Plaintiff’s medical team—including a neurosurgeon, orthopedic surgeon, physiatrist, radiologist, and chiropractor highlighted the lack of prior injuries or treatment and related her post-incident treatment, to include a lumbar surgery and a plethora of injections, to the impact with the truck tire. Plaintiff’s neurosurgeon recommended both lumbar and SI joint fusions along with injections and pain management for the remainder of her life. Plaintiff’s “physician life care planner” outlined the costs associated with her extensive future medical treatment.
The defense countered with 42 minutes of surveillance video showing her bending over, pruning trees, and caring for her dog, which directly contradicted her deposition testimony. The defense also called their radiologist and neurosurgeon to explain the lack of acute objective findings.
The defense filed a $500,000 Proposal for Settlement, which was rejected. Morgan & Morgan called 11 witnesses, including six doctors and a “physician life care planner”. During trial, the defense confronted one medical expert with documentation of a previously suspended medical license, which he at first denied—undermining his credibility.
“Our case focused on credibility, common sense, and the principle that words matter,” said David.
Plaintiff sought $2.6 million. The jury deliberated for just 43 minutes before returning a full defense verdict.
David and Victor are thankful for Jennifer Parker, Melonie Bueno, Laurie Adams, Angela Flowers, and Kendra Therrell for their critical support throughout the trial.