HM&B Trial Team Obtains a Favorable Defense Verdict in 5-Day Jury Trial

David Michael Bailey v. Kayla Nicole Duncan and Duncan Mechanical Services, Inc. 2023-CA-000125-O

Congratulations to the trial team of Nicholas DeCapua, Omari Sinclair, Wendy Craig and Jodi George for another excellent jury trial verdict in a case tried from January 5, 2026, through January 9, 2026. The case was tried in Orange County, Florida. The Defendants admitted negligence. The Court directed a verdict in favor of the Plaintiff on causation. The Defendants included an individual (Kayla Duncan) and a corporation (Duncan Mechanical Services). The liability limits were $1,000,000.00. The Plaintiff was represented by Dan Newlin Injury Attorneys and tried by excellent attorneys. The case involved a rear end accident. The Defendant, Kayla Duncan, was operating a large, lifted Ford F350. The damage to the rear of the Plaintiff’s Dodge Challenger was significant and deemed a total loss. As relates witnesses, the Plaintiff called Steven Puccio, MD (orthopedic surgeon); Jose Pizarro, MD (radiologist); Aniyah Green (Plaintiff’s daughter/passenger in his vehicle); and ended with the Plaintiff, David Bailey. The defense called Geoffrey Negin, MD (radiologist); Ravi Patel, MD (orthopedic surgeon); Marilyn Pacheco (billing), and ended with Defendant, Kayla Duncan. The only issues for the jury were past and future medical expenses, permanency and past and future pain and suffering. In closing, the Plaintiff asked for $133,000.00 in past medical expenses; $30,000.00 in future medical expenses for cervical spine surgery. In addition, the Plaintiff asked for approximately $5,000,000.00 in pain and suffering damages. The Defendants asked the jury to award past medical expenses incurred in 2021, same of which was approximately $35,000.00. The jury returned a verdict of $80,000.00 for past medical expenses, only a portion of Plaintiff’s past medical expenses, $0 for future medical expenses, and concluded that Plaintiff did not sustain a permanent injury as the result of the accident.

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