Ernesto Sosa Navajas v. Carolina Ferro and Maria Ferro, Case No.: 14-10270 CA01 (S.D. Fla March 16, 2016).
Hamilton, Miller & Birthisel obtained a Trial Victory that resulted in the Jury only awarding the plaintiff $120 in past medical expenses, $0 in future medical expenses and $5,000 in past pain and suffering. After reductions (collateral sources and comparative fault) the net verdict is $1,250.
This was a case where one of the plaintiff’s surgeons performed a little over $80,0000 in medical treatment and was attempting to collect under a Letter or Protection. Also the chiropractor had a $17,000 bill with a Letter of Protection for his balance. The jury did not feel the $97,000+ in treatment was reasonable or related to our motor vehicle accident. In fact, altogether, the plaintiff asked the Jury to award $300,000 in damages including pain and suffering.
In addition, the jury found the plaintiff 75% at fault for the accident. This was a challenge since our defendant rear-ended the plaintiff on the highway. She alleged that the plaintiff cut her off switching lanes suddenly as she approached. The plaintiff introduced cell phone records alleging that the defendant was using her phone (texting and talking) thereby not paying attention and running into the plaintiff at a high rate of speed. Of course we were able to overcome this evidence and explain the calls and texts being somewhat before the accident took place.
We had a $50,000 Proposal for Settlement and had offered the plaintiff $70,000 the week before trial. Of course, these were not accepted and we have now filed a Motion for Entitlement to Fees and Costs as well as other motions for the reduction of the verdict for collateral sources and comparative fault.
The case was handled by Derek B. Barba.