Florida Jury Finds FDUTPA Violation, No Damages Awarded in Auto Defect

A motor vehicle collision occurred on April 28, 2009, at the intersection of Hiatus Road and Northwest 50th Street in Sunrise, Florida. The incident involved a vehicle operated by the plaintiff and another vehicle operated by a defendant employee, who was driving a company-owned vehicle for the defendant employer. Both parties disputed fault, each alleging the other's negligence. The plaintiff filed a negligence complaint on July 23, 2009, in the Florida Circuit Court for the Seventeenth Judicial Circuit, Broward County. The plaintiff sought damages for personal injuries, pain and suffering, and lost wages. A jury trial in May 2010 resulted in a verdict for the plaintiff on May 5, 2010, awarding $29,700. This amount included $12,000 for past and future medical expenses, $2,700 for past and future lost earnings, and $15,000 for past and future pain and suffering. The plaintiff's subsequent motion for a new trial or additur was denied by the court. The plaintiff appealed the judgment. On March 13, 2013, the Court of Appeal of Florida, Fourth District, reversed the trial court's judgment and remanded the case for a new trial. Following the remand, the parties settled the case at mediation on May 11, 2016, and the case was dismissed on June 28, 2016.

On March 18, 2015, a motor vehicle accident occurred in Palm Beach County, Florida. The plaintiff later filed a lawsuit on February 6, 2018, in the Circuit Court of the Fifteenth Judicial Circuit, alleging the defendant's negligent driving caused the incident and resulted in bodily injury, pain and suffering, lost earnings, and medical expenses. The defendant responded by arguing the plaintiff was comparatively negligent, failed to mitigate damages, and that a third party was responsible for the accident. Both sides presented expert testimony; the plaintiff offered a physical medicine and life care planning expert, while the defendant utilized experts in diagnostic radiology, orthopedic spinal surgery, and injury biomechanics. On June 21, 2019, a jury found in favor of the defendant. The court subsequently entered a final judgment on June 25, 2019, affirming the jury's verdict.

A personal injury lawsuit was filed following a motor vehicle accident caused by a driver under the influence of alcohol. The plaintiff sought damages related to injuries sustained in the incident. During the proceedings, the plaintiff presented testimony from an expert in economics, with an affiliation in Palm Beach Gardens, Florida, who discussed medical care costs and forensic economics. The defendant offered testimony from a neurological surgeon, with affiliations in West Palm Beach, Florida, to address the plaintiff's claimed injuries. After hearing the arguments and evidence, the jury returned a verdict awarding $0 to the plaintiff.

In Miami-Dade County, Florida, a 2013 Toyota motor vehicle rear-ended a 2017 Mercedes in 2017. The plaintiff, the operator of the Mercedes, subsequently alleged she sustained bodily injuries, pain and suffering, disability, and incurred medical expenses as a result of the collision. The plaintiff filed a lawsuit in the Circuit Court, Eleventh Judicial District, against the Toyota's operator, alleging negligence. The plaintiff also sued her insurer, Farmers Texas County Mutual Insurance Company, asserting claims for denial of uninsured/underinsured motorist coverage. The defendant driver denied the allegations and asserted affirmative defenses, including contributory negligence. The plaintiff later filed a notice of voluntary dismissal with prejudice against the defendant insurer. Subsequently, the plaintiff filed a notice of voluntary dismissal with prejudice against the defendant driver, concluding the case.

A pedestrian filed a personal injury lawsuit in Palm Beach County, Florida, following a motor vehicle accident on June 6, 2013. The incident occurred in a parking lot when a tractor-trailer, operated by a defendant driver employed by a defendant trucking company, reversed and collided with the pedestrian. The truck was owned by the defendant company. The complaint alleged that the driver’s negligence caused the incident and the plaintiff’s permanent injuries. The plaintiff sought damages for bodily injury, pain and suffering, disfigurement, mental anguish, loss of enjoyment of life, lost wages and earning capacity, and medical expenses, including the aggravation of pre-existing conditions. The lawsuit also claimed the defendant company was vicariously liable for its employee's actions. An expert in trucking industry safety was identified by the plaintiff in the case.