Brian E. Chojnowski and Stuart C. Poage, of the Tallahassee office, recently obtained a favorable verdict following a jury trial in an auto accident case. Plaintiff claimed that as a result of the accident, she required a two-level cervical fusion surgery. The main defense was that a non-party (Fabre defendant) was partially liable for failing to observe Defendant’s vehicle, which contributed to the collision.

At trial, Brian skillfully cross-examined Plaintiff’s chiropractor, radiologist, and life care plan expert. Brian used details such as the chiropractor’s weblog and Amazon.com prices for TENS unit supplies to impeach the credibility of Plaintiff’s experts. One future damages item suggested was the need for a maid for the rest of Plaintiff’s life to the tune of $198,000.00. Brian got the plaintiff to concede on cross that she did not really need the maid suggested by her expert witness. In closing, Plaintiff’s attorney asked for $805,377.58. Brian asked the jury to apportion 60/40 liability between our client and the Fabre defendant and to award only $3,419.38 for past medical expenses and lost wages for the two symptoms (knee contusion and chest contusion) alleged by plaintiff at the ER on the day of the accident. He emphasized that she did not report any neck complaints until she saw a chiropractor 10 days after the accident. The jury returned a verdict with 50/50 liability, no permanency, and only $3,419.38 in damages.