Kelley Kronenberg Wins Jury Trial in Broward County Rear-End Collision Case After Plaintiff Asks for $660,000.00
Kelley Kronenberg Partner and Business Unit Leader Aaron Neifeld, Partner Britney Quow, and Attorney Markiesha Morgan secured a jury verdict in Broward County, Florida, rejecting in its entirety the plaintiff’s request for $660,000.00 in a rear-end motor vehicle accident case.
The plaintiff sued after a rear-end collision on a highway. At trial the Plaintiff emphasized that the defendant was driving a large box truck weighing more than 33,000 pounds. The plaintiff claimed neck and back injuries, including the need for a cervical disc replacement surgery. Her expert neurosurgeon recommended the surgery at a cost of more than $100,000.00.
The defense team made a strategic decision at the outset. They admitted liability and put the entire case on causation. The question for the jury was not whether the collision happened, but whether it was severe enough to cause the injuries and surgery the plaintiff claimed.
To answer that question, the defense retained a biomechanical engineer. He testified that even though the defendant’s vehicle was a heavy box truck, the force of this particular impact was not severe enough to cause injury. The team used that testimony to challenge the connection between the collision and the plaintiff’s claimed need for surgery.
In closing argument, the plaintiff asked the jury for $660,000.00. The jury rejected that request in its entirety.
The plaintiff had also rejected the defendant’s proposal for settlement before trial. As a result, the defendant will be entitled to seek recovery of the attorney’s fees and costs incurred over the past year.
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