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ARTICLE ID 195234

$________ – MOTOR VEHICLE NEGLIGENCE – TRUCK/BICYCLE COLLISION – CERVICAL AND LUMBAR HERNIATIONS – SHOULDER PAIN – MIGRAINE HEADACHES – CERVICAL FACET INJECTIONS – RADIOFREQUENCY ABLATIONS.

Duval County, FL

The plaintiff claimed that she was riding her bicycle parallel to the defendant’s truck and lawn trailer in downtown Jacksonville, Florida, when the truck driver negligently turned right and struck her. The defendants – which included the driver’s employer and owner of the truck – maintained that the plaintiff rode up from behind the truck as it was turning right. The truck driver was voluntarily dismissed from the case shortly before trial

The plaintiff was a 25-year-old pharmacy school student at the time of the accident. She testified that she was riding her bicycle on the side of the road, along the side of the defendant’s commercial lawn and maintenance truck and trailer through an intersection. The plaintiff alleged that she was at the traffic light first, but the defendant’s truck driver made a wide right turn, overtaking her on the bicycle, while striking her in the back, and falling from the bike.

The plaintiff was diagnosed a herniated cervical disc, facet and ligament damage at the C2-C3, C3-C4 and C4-C5 levels. She also claimed related shoulder pain and migraines, which required cervical facet injections and radio frequency ablations.

In addition, the plaintiff’s physicians testified that the plaintiff sustained an L4-L5 disc herniation as a result of the accident, with straightening of the lordosis of the spine as well as bruising, abrasions, and muscle damage to her right calf and ankle.

The plaintiff claimed that her accident-related injuries limited her pharmaceutical career to hospital work (which is more accommodating) whereas she had planned to go into the retail pharmacy field (which pays more). The plaintiff claimed a loss of future earnings in the amount of $________ per year over the length of her career. The plaintiff was employed in the pharmacy department of a hospital at the time of trial.

The defendant argued that the truck and trailer was at the traffic light with its right turn signal activated, when the plaintiff approached from behind. The truck driver testified that he did not see the plaintiff approaching. The defendant’s accident reconstruction expert opined that the plaintiff was riding in the truck driver’s “blind spot,” and he would not have been able to see her in his rear view mirror.

The defendant’s orthopedic surgeon and neurologist opined that the plaintiff did not exhibit permanent injuries as a result of the accident. The defense also contended that the plaintiff has no employment restrictions.The jury found the defendant ________% negligent. The plaintiff was awarded $________ in damages. Post-trial motions are currently pending.

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