Stefanie Capps and Emily Huang, from our Fort Myers office, secured a defense verdict in a challenging motor vehicle accident trial involving an 81-year-old plaintiff and admitted liability.

The case involved a serious rear-end collision with a lawn care work truck insured by our client. The plaintiff, who lost consciousness at the scene and suffered visible facial injuries, was transported by ambulance and later diagnosed with a concussion. While we recognize the difficulty of his experience, he claimed the accident caused permanent injury and required spinal surgery—despite a long history of degenerative back and neck issues.

Plaintiff withdrew all claims for past medical expenses—covered by Medicare—to focus solely on permanent injury and future pain and suffering. Their expert introduced a surprise theory that the plaintiff’s spinal cord was bruised, allegedly causing him to use a cane for the first time.

Stefanie and Emily approached the case with professionalism and care, respectfully but thoroughly challenging the evidence. Emily pointed out critical gaps in the plaintiff’s medical history, including a recent hip replacement surgery unknown even to his “before-and-after” witness—a combat veteran. Their clear, strategic advocacy helped the jury focus on the totality of the facts.

The defense extended a $400,000 settlement offer, which was declined. Plaintiffs requested $5 million during closing arguments. After approximately one hour of deliberation, the jury found the plaintiff did not sustain a permanent injury, resulting in a full defense verdict. A Proposal for Settlement had been filed in August 2024 for $200,000.