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Complete Defense Verdict in Property Damage Case Where Plaintiff Unsuccessfully Tried to Bring Lost Wages and Mental Anguish Claims

Kimberly A. Beckwith | November 18, 2020

Kimberly A. Beckwith, of our Tampa office, obtained a defense verdict in a case for property damage, lost wages, and mental anguish. The client drove off the road and crashed through Plaintiff’s fence, garden, truck, and landed squarely in the middle of Plaintiff’s mobile home. Luckily, no one was hurt, but our client was arrested for DUI. Plaintiff sued Defendant in small claims court claiming property damage, mental anguish, and lost wages. Kim filed a motion to dismiss outlining the numerous deficiencies with Plaintiff’s claims, including that 1) since he was not injured, his claim for mental anguish is barred, and 2) his claim for 6 weeks of lost wages was without support. Kim persuasively argued that Plaintiff voluntarily took off from work to repair some of the damage, that a hand-written letter from his employer regarding Plaintiff’s pay rate was inadequate to establish damages. At trial, Plaintiff attempted to add to his damages by claiming additional losses of personal property to which Kim quickly shot down by pointing out that he previously signed a property damage release. The Judge gently explained to Plaintiff that his case was flawed and ruled in favor of our client, entering a complete defense verdict.

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