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ARTICLE ID 192569

DEFENDANT’S Motor vehicle negligence – Left turn collision – Facial fractures with permanent scarring – Neck and back injuries with disc involvement.

Hillsborough County, FL

The plaintiff was a passenger in a vehicle which made a left turn in front of the defendant’s vehicle. The host driver was charged with driving under the influence of alcohol. He was voluntarily dismissed from the case and listed on the verdict form as a Fabre defendant. The plaintiff alleged that the defendant (a retired police officer) failed to notice the erratic driving of the host vehicle and could have avoided the impact. The defendant maintained that the collision was caused solely by negligence of the host driver who made a negligent left turn.

The plaintiff was a female in her mid-to-early 40s at the time of the collision. She alleged that, as a former police officer and a retired member of the DUI Squad, the defendant should have observed the erratic driving of the host driver and taken appropriate evasive action.

The plaintiff claimed facial fractures with permanent facial scarring and neck and back injuries with disc involvement as a result of the accident. She was hospitalized in the intensive care unit for three days and sought outstanding medical expenses of approximately $________.

The defendant argued that he was proceeding through the intersection with the right-of-way when the host driver suddenly turned left in front of his vehicle. The defendant contended that he was unable to avoid the collision. The defense also disputed the extent and nature of the injuries which the plaintiff claimed to have sustained as a result of the accident.The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff.

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