Seminole County Jury Awards Damages in Rear-End Collision

One driver collided with the rear of another vehicle. The driver in the rear vehicle alleged injuries, pain, suffering, and medical expenses due to the other driver's negligence. The case involved claims for negligence and underinsured motorist benefits. The defendant denied the allegations and raised defenses including comparative negligence. The case was settled.

In December 2009, an individual, acting as general guardian for the plaintiff, alleged that a defendant negligently operated a vehicle. The defendant's vehicle reportedly struck a car positioned directly behind the plaintiff's vehicle, causing that car to rear-end the plaintiff's car and resulting in personal injuries to the plaintiff. The plaintiff, through the general guardian, filed a negligence lawsuit against two defendants on April 12, 2012, in the Circuit Court, Twelfth Judicial Circuit, Manatee County, Florida. An amended complaint was later filed on November 26, 2013, reiterating claims of negligence. The case concluded on July 28, 2015, when the parties filed a stipulation of dismissal with prejudice, indicating they had reached a settlement agreement.

In Florida's Seventeenth Judicial Circuit Court for Broward County, a plaintiff filed a lawsuit after a rear-end collision allegedly caused by an intoxicated driver led to a fatality. The incident occurred when the defendant's vehicle reportedly struck the rear of the plaintiff's vehicle near an intersection, forcing it off the road and into a tree. Blood tests conducted more than an hour after the crash indicated the defendant's blood alcohol content was .28 g/100 mL, while a test more than two hours later showed .25 g/100 mL. A passenger in the plaintiff's vehicle sustained extensive injuries, including paralysis, quadriplegia, and a bruised spinal cord at C3-4, and later died approximately nine months after the collision. The defendant subsequently faced criminal prosecution for DUI Manslaughter, entering a no contest plea and receiving a sentence that resulted in incarceration. The plaintiff, the surviving spouse, filed a civil complaint alleging vehicular liability and wrongful death. During pre-trial proceedings, the plaintiff demanded $1 million to settle the case, while the defendant offered $10,000, representing the limits of her insurance policy. A four-day jury trial ensued, resulting in a verdict for the plaintiff. The jury awarded total damages of $18,749,802.12, finding the defendant 94% liable and the plaintiff 6% liable for the incident. The award included $3,749,802.12 for past medical expenses and $15,000,000 for non-economic damages to the surviving spouse.

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.

On January 28, 2019, a motor vehicle operated by the defendant operator rear-ended a vehicle driven by the plaintiff on County Road 225 in Bradford County, Florida. The plaintiff alleged that the defendant operator was negligent while working for the defendant company and claimed to have sustained serious and permanent injuries as a result of the collision. The plaintiff filed a complaint on February 14, 2020, alleging negligence and vicarious liability against the defendants. The defendants admitted negligence in the collision but disputed the nature, extent, and causation of the plaintiff’s claimed injuries and damages. A jury ultimately found that the plaintiff had not sustained a permanent injury, addressing a central point of dispute regarding the plaintiff's claim for damages.