Plaintiff, Betty Lapre, alleges to have sustained two cervical disc herniations and a torn rotator cuff in her right shoulder requiring surgery as the result of a rear end motor vehicle accident that occurred on June 2, 2022, in Eustis, Florida.
The matter was tried by Nicholas DeCapua and Frank DeMeo in front of a jury in Lake County, Florida on October 15, 2024, October 16, 2024, and October 17, 2024. At trial, the Defendants, Michael Payne (Driver) and Joanne Payne (Owner) admitted negligence in causing the subject matter accident. The Defendants disputed that the Plaintiff was injured in the accident, and in the alternative, that the Plaintiff sustained, at most, temporary non-permanent soft tissue injuries to her neck and back.
The Plaintiff, in her case in chief, introduced the testimony of her treating spine surgeon, her treating shoulder surgeon, as well as her treating radiologist. Her treating shoulder surgeon testified that Plaintiff sustained a torn rotator cuff in her right shoulder, requiring surgical intervention, as the result of the subject accident. Her treating spine surgeon testified that Plaintiff sustained multiple cervical disc herniations, requiring numerous epidural injections, as the result of the subject accident. The Plaintiff’s treating radiologist testified that he observed a torn rotator cuff on Plaintiff’s right shoulder MRI and disc herniations at C4-5 and C5-6 on Plaintiff’s cervical spine MRI. The Plaintiff also introduced evidence that she would require cervical spine surgery in the future. As relates Plaintiff’s claim for economic damages, the Plaintiff presented evidence of $95,000.00 in past medical expenses and $285,000.00 in future medical expenses.
The Defendants, in their case in chief, introduced the testimony of Defendant, Michael Payne, Reginald Tall, M.D., spine surgery expert, and Jeffrey Rosen, M.D., shoulder surgery expert.
At closing, the Plaintiff asked the jury to award her economic damages of $380,000.00, in addition to $500,000.00 in non-economic damages, for a total of $880,000.00. The Defendant asked the jury to return a defense verdict on causation, or in the alternative, to award Plaintiff only her past medical expenses for treatment from June 2, 2022, through August 14, 2022.
The jury was out for two hours before returning a defense verdict.