Brian E. Chojnowski, of the Tallahassee, and Angela Flowers, of the Ocala office, received a favorable verdict after a three day trial. Our client was involved in a motor vehicle accident after rear ending another vehicle with a blood alcohol content level above the legal limit. The client and the insurer agreed to admit liability for the accident, the DUI, and entitlement to punitive damages in order to keep the DUI out of the compensatory phase. The Judge, likely committing reversible error, allowed the evidence to come into the compensatory phase and Plaintiffs’ counsel made it the focus of his case.
The Plaintiffs suffered non-surgical soft tissue injuries, but demanded the full policy limits. At trial, Plaintiffs asked for $228,000 and $226,500 for each of them. However, the jury returned a verdict of $18,806.22 and $19,665.84 and awarded only $10,000.00 in punitive damages. Is it important to note that each Plaintiff had filed a Proposal for Settlement.