Adam Shelton and Troy McRitchie, shareholders in the St. Petersburg office, recently defended a uninsured motorist carrier in a case with admitted liability and admitted causation with a cervical surgery recommendation for the Plaintiff. The Plaintiff had confirmed MRI findings and no prior history of cervical complaints. Further, the case involved a significant impact and Plaintiff was a passenger.
Mr. Shelton successfully argued for Directed Verdict as to Plaintiff’s entire wage claim together with Directed Verdict on the issue of surgical cost based upon lack of and/or speculative evidence.
Plaintiff had a $50,000.00 UM policy and a long-expired Civil Remedies Notice. At the close of evidence, Plaintiff sought nearly $800,000.00 in total damages associated with the “need for surgery”, recovery and pain and suffering and a very convincing argument related to consortium. Setoff’s for $15,000.00 were taken pre-trial and Plaintiff sought recovery for $3,300 in past medical expenses. Following a two-hour deliberation, the jury returned a verdict for the outstanding medical bills and future medical bills of $40,000.00. Finding no permanency, the jury awarded $0 for pain and suffering and $0 for Plaintiff’s Husband’s consortium claim—resulting in a verdict of approximately $43,000.00. After set-offs of $50,000.00, the result ended in a net loss to the Plaintiff.
