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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 car.

The plaintiff testified that she was maintaining her lane when the defendant’s vehicle suddenly drove onto the left shoulder of the road, attempted to reenter the travel lane and sideswiped her car.

The plaintiff’s 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 defendant’s medical expert opined that the plaintiff’s symptoms stemmed from preexisting conditions and not the subject accident.

The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff. Post-trial motions are pending.

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