Sideswipe collision - Alleged negligent merge - Shoulder impingement syndrome - Aggravation of preexisting knee and back condition.
Broward County (43811)
The 41-year-old female plaintiff alleged that the defendant drove
onto the left shoulder and then negligently attempted to merge
back into traffic, striking her car. The defendant, on the other
hand, claimed that the plaintiff was driving erratically and he
pulled onto the shoulder to avoid contact. The defendant claimed
that the plaintiff then swerved onto the shoulder and struck his
The plaintiff testified that she was maintaining her lane when
the defendants vehicle suddenly drove onto the left shoulder of
the road, attempted to reenter the travel lane and sideswiped her
The plaintiffs physician testified that the plaintiff sustained
shoulder injuries, including impingement syndrome, and
aggravation of preexisting knee and back conditions as a result
of the accident.
The defendant testified that the plaintiff was driving
erratically and that he pulled onto the shoulder to avoid a
collision. However, the defendant claimed that the plaintiff
entered the shoulder and struck his car despite his efforts.
The defendants medical expert opined that the plaintiffs
symptoms stemmed from preexisting conditions and not the subject
The jury found no negligence on the part of the defendant which
was a legal cause of injury to the plaintiff. Post-trial motions