Florida Jury Returns $0 Verdict in Underinsured Motorist Claim

A plaintiff filed claims for underinsured motorist coverage against New Jersey Manufacturers Insurance and 21st Century Centennial Insurance following two separate rear-end motor vehicle collisions. The incidents occurred on December 21, 2008, and December 1, 2010. The plaintiff alleged the accidents caused permanent injuries, including a two-level lumbar fusion and laminectomy surgery, and multiple herniated discs in the neck requiring future surgery. The plaintiff sought $1.5 million in damages, which included up to $745,000 for past and future medical expenses. New Jersey Manufacturers admitted negligence for the 2008 collision, and a court directed a verdict of negligence against 21st Century for the 2010 collision. The trial proceeded on the issues of causation and damages. The plaintiff presented expert testimony from an orthopedic spinal surgeon, a physiatrist, and a chiropractor, who opined that the permanent injuries and surgery were the combined result of both accidents. Testimony from the plaintiff's family and a personal friend was also presented. The defense for New Jersey Manufacturers offered testimony from a neurosurgeon and a nuclear medicine physician, who stated there was no objective evidence of injury from the 2008 collision. 21st Century presented similar medical expert testimony related to the 2010 accident. Defense experts also included an accident reconstructionist, who testified the collisions were minor and low-impact, and a biomechanical expert, who opined the accidents were insufficient to cause the claimed injuries. The record provided does not contain information regarding the verdict or final outcome of the case.

Two separate rear-end collisions, occurring in Jupiter, Florida, in December 2008, and in Jensen Beach, Florida, in December 2010, led to consolidated underinsured motorist claims against two automobile insurance carriers. The negligence of the tortfeasors was established, with one carrier admitting negligence and the court directing a verdict of negligence against the other. The trial therefore proceeded solely on the issues of damages and causation. The plaintiff, a 56-year-old female at the time of the trial, alleged that the accidents caused lumbar disc herniations, requiring a double-level lumbar fusion and laminectomy. She also claimed multiple herniated discs in her cervical spine would necessitate future surgery. The plaintiff's orthopedic surgeon testified that the permanent injuries and need for surgery resulted from the combined effects of both collisions. The plaintiff's counsel sought $1.5 million in total damages, including $745,000 for economic damages. The first defendant presented a neurosurgeon and a nuclear medicine physician, who opined that the plaintiff showed no objective evidence of injury from the 2008 collision. The co-defendant's medical experts offered similar testimony regarding the 2010 accident. An accident reconstruction expert for the co-defendant characterized both incidents as minor, low-impact collisions, and a biomechanical expert testified that neither accident was sufficient to cause the injuries claimed by the plaintiff. After deliberating for approximately 90 minutes, the jury found that the negligence of the underinsured tortfeasors was not a legal cause of injury to the plaintiff. Both defendant insurance carriers subsequently filed motions to recover attorney fees and costs.

On September 8, 2011, the plaintiff's vehicle was rear-ended by an underinsured motor vehicle on Florida's Turnpike at the Glades Road exit ramp in Palm Beach County, Florida. The plaintiff alleged the collision resulted from the other driver's negligence and sought damages for her injuries through her uninsured/underinsured motorist carrier, the defendant insurance company. The plaintiff filed a complaint against the insurer on March 21, 2014, asserting uninsured/underinsured motorist and bad faith claims related to its handling of her claim. The defendant insurer responded that the plaintiff was the sole legal cause of the alleged injuries and was therefore barred from recovery. The defense presented expert testimony in accident reconstruction, emergency medicine, dentistry, radiology, and orthopedic surgery. A jury determined that the negligence of the other driver caused injury to the plaintiff. However, the jury also found that the plaintiff had not suffered a permanent injury within a reasonable degree of medical probability as a result of the motor vehicle accident.

In April 2011, a passenger in a sport utility vehicle sustained injuries when the vehicle was struck from behind by a minivan in North Port, Florida. The SUV was waiting to exit a gasoline station parking lot onto Tamiami Trail when the collision occurred. The plaintiff claimed injuries to his back, neck, and a shoulder, including herniated discs and a torn glenoid labrum. He underwent extensive conservative treatment and injections, alleging that his injuries prevented him from starting a landscaping business and engaging in recreational activities. The plaintiff filed a lawsuit alleging negligence against the minivan's driver and vicarious liability against its owner. The owner was later dismissed from the case. After the driver's death, the suit continued against his estate. A motion for summary judgment on liability was granted for the plaintiff, leading the case to proceed solely on the issue of damages. During the trial, the plaintiff sought recovery for past and future medical expenses and pain and suffering, with a life-care planner estimating $630,000 for lifelong treatment. The defense argued that the accident was low-impact and could not have caused the plaintiff's claimed injuries. Defense medical experts testified that the plaintiff had chronic degenerative conditions in his spine and shoulder. Following a five-day trial and three hours of deliberation, the jury rendered a defense verdict. The jury concluded that the defendant's negligence was not a legal cause of injury to the plaintiff.

In February 2014, a plaintiff was involved in a multi-vehicle collision on U.S. 19 in Clearwater. The plaintiff's vehicle was struck from the rear by a trailing car. Following an initial settlement from the other motorist's insurer, the plaintiff sued her own underinsured motorist carrier, 21st Century Centennial Insurance Co., seeking further recovery for claimed injuries. The plaintiff alleged she was stopped behind other vehicles when her car was struck from behind, propelling it forward into a preceding vehicle. She claimed to have sustained injuries to her back, head, and neck, including multiple disc herniations, brain abnormalities, leg radiculopathy, and urinary incontinence. The plaintiff also alleged a traumatic brain injury, leading to memory problems and difficulty speaking, and sought past and future medical expenses, lost earnings, and pain and suffering damages. The plaintiff's accident-reconstruction expert testified in support of her account. The defense contended the plaintiff was comparatively negligent, arguing she first rear-ended the vehicle in front of her before being struck from behind. The defense presented emergency room records stating the plaintiff told doctors she was unable to stop in time and hit the vehicle ahead. A defense accident-reconstruction expert opined the plaintiff was partially liable. The defense further argued that the plaintiff's leg pain was due to pre-existing diabetic peripheral neuropathy, her herniations were degenerative, and her incontinence stemmed from medication taken for years. The defense disputed the traumatic brain injury claim, noting the plaintiff's own doctor documented only brain abnormalities, not a TBI, and that the plaintiff had demonstrated no speaking problems during a job interview. After a one-week trial, the jury deliberated for 1.5 hours and returned a defense verdict, awarding $0 to the plaintiff. The jury found that the compact car driver was not negligent in a manner that legally caused injury to the plaintiff.