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Favorable Verdict in Truck vs. Automobile Accident Involving Two Lumbar Surgeries

December 5, 2014

Yvette M. Pace, of the Orlando office, obtained a favorable verdict in a semi-tractor trailer versus automobile accident, wherein the Plaintiff underwent to lumbar surgeries. The accident occurred in the parking lot of a car wash. The Plaintiff was exiting the tunnel of the car wash, and the driver of the semi was backing up. He didn’t see the Plaintiff, and struck the front of her vehicle with his trailer. The Plaintiff treated with a chiropractor, several pain management doctors and two orthopedics. She received several lumbar injections, and underwent a discectomy and a lumbar fusion. The Plaintiff retained radiologist, Dr. Michael Foley, who testified, at trial, that the Plaintiff suffered an annular tear to her L5-S1, as a result of the subject accident. The Defendant’s medical expert witness, Dr. Paul Maluso, testified that the Plaintiff did not sustain a permanent injury, and that any treatment after treating with the chiropractor was not reasonable or necessary. The accident occurred in January of 2010, and the Plaintiff continued to treat up until the date of trial. The Plaintiff’s past medical expenses were $265,000.00, with most of the medical expenses outstanding. At trial, the Plaintiff asked for all outstanding medical expenses, plus $300,000.00, in past pain and suffering, and $950,000.00, in future pain and suffering. The Plaintiff requested the jury to award a total of $1.5 million. The jury awarded the Plaintiff $2,000.00, in past medical expenses. The jury also found that the Plaintiff was 50% at fault for the accident, and that she did not suffer a permanent injury as a result of the subject accident. A Proposal for Settlement was served on the Plaintiff early in the case. The Court did award attorney’s fees and costs in favor of the Defendant. Thus, final judgment was in favor of the Defendants.

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