Jared Brownfield, of our Tallahassee office, and Jason Friedman, of our Ft. Lauderdale office, obtained a strong result in Levy County, where the jury ultimately returned a verdict closely tracking their recommended damages figure — well below both the plaintiff’s demand and the defense’s own last settlement offer.
Jared began handling the matter after taking over the case from prior counsel and prepared it for trial as settlement discussions continued in the lead-up to trial. The defense filed a $100,000 Proposal for Settlement and extended a last offer of $150,000 to resolve the matter. After negotiations failed to resolve the case, it proceeded before a Levy County jury.
The case involved admitted liability arising from a trip-and-fall accident in which Jared and Jason maintained the primary injury was a fractured toe. Although they proceeded to trial without a retained expert witness, Jason and Jared presented the medical records, testimony, and timeline of events in a clear and methodical manner that resonated with the jury.
At trial, the plaintiff sought approximately $1.5 million in damages, including substantial future medical expenses tied to alleged neck and shoulder injuries. Jared and Jason challenged those claims with evidence showing documented shoulder complaints prior to the accident, as well as pre-accident diagnostic imaging reflecting a congenital condition associated with neck and shoulder symptoms. They also highlighted testimony from treating physicians and cross-examination regarding the basis for certain radiological opinions and future medical projections presented to the jury.
During closing argument, Jason acknowledged the legitimate damages associated with the fractured toe injury while disputing the broader claims for extensive future care and treatment and suggested a verdict of approximately $42,000 for the injury, medical expenses, and pain and suffering supported by the evidence.
Following deliberations, the jury returned a verdict of $42,000 — effectively mirroring the defense’s evaluation of the case, coming in well below the $100,000 Proposal for Settlement, and falling dramatically short of the plaintiff’s $1.5 million demand.
The result reflects a disciplined and credible presentation of the evidence and demonstrates the importance of thorough preparation and strategic trial advocacy. With the verdict falling below the PFS threshold, the result also carries potential fee consequences for the plaintiff.