Angela Agostino and Kenneth Oliver, of the Ft. Myers office, received a favorable defense verdict, after a three day trial on a policy tender rejection, heavy impact motor vehicle case. The jury awarded Plaintiff exactly what Ken asked them to. Our Client pulled into the path of the oncoming Plaintiff’s car, with heavy impact and full airbag deployment. This 52 year old Plaintiff treated at the emergency room the same day and conservatively for the next two months leading up to a family vacation. After the vacation, his back pain with radicular complaints into his leg with numbness led to an emergency L5/S1 microdiscectomy to relieve pressure from a herniation pressing on the nerve root. The Plaintiff did not anticipate that the Ft Myers team would find out that Plaintiff had prior 2010 and 2013 lumbar complaints that were admitted into evidence, but previously denied throughout discovery and to all treating providers. Ken and Angela used these inconsistencies to discredit Plaintiff’s testimony. It should be noted that Stefanie Capps, of the Ft. Myers office, worked on this case for over a year with Ken and took all the depositions needed for trial.
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