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Favorable Verdict for the Defense in Trial of UM Case

Stefanie Capps and Ken Oliver, of the Fort Myers office, obtained a favorable verdict for the Defendant insurer in a UM case. The case involved a 3-car collision in which the tortfeasor rear-ended another vehicle, pushing that vehicle into the Plaintiff’s car. The Plaintiff had treated the same day as the accident and had a surgical recommendation. The Plaintiff settled with the tortfeasor before trial, leaving only the UM claim against the insurer. At trial, after 3 days of testimony, Plaintiff in closing asked for $600,000. Ken asserted that, at most, the jury should only award Plaintiff the past medical bills, knowing with the setoffs, they would obtain a defense judgment. The jury followed Ken’s recommendation and awarded only the past medical bills, which, after setoffs, will result in a defense judgment. The defense intends to pursue fees and costs based on a pre-trial proposal for settlement.

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