Attorney(s) for Plaintiff:
Erik Alvarez & Frank Alvarez
Erik Alexander Alvarez, P.A.
$201,900 COMBINED VERDICT
Motor vehicle negligence – Rear end collision – Neck and back injuries to husband and wife plaintiffs – Damages/causation only.
Miami-Dade County, FL
The plaintiffs in this action were a husband and wife who both claimed permanent injuries as a result of a rear end collision caused by the defendant. The defendant stipulated to negligence in causing the collision and the case proceeded on the issue of damages and causation only.
The plaintiff wife, age 26 at the time, was driving with her husband as a front seat passenger when the impact occurred. The plaintiff wife claimed disc herniations in both her cervical and lumbar spine as a result of the accident. She was treated conservatively without surgery and complained of ongoing neck and back pain. The plaintiff husband was 29 years old at the time of the accident. He alleged that the collision caused a disc herniation in his cervical spine. The plaintiff husband was also treated conservatively without surgery.
The defendant maintained that the plaintiffs’ complaints stemmed from preexisting conditions and were not causally related to the accident. Evidence showed that the plaintiff husband was involved in a prior motor vehicle accident, which required him to be air-lifted to the hospital, ten years before the subject collision. The plaintiff wife was also involved in a prior accident, eight months before the subject accident, and sustained neck and back injuries in the prior accident.The jury found that both plaintiffs sustained a permanent injury as a result of the accident. The plaintiff wife was awarded $134,600 in damages. The plaintiff husband was awarded $67,300 for a combined total of $201,900. The defendant has filed a post-trial motion for new trial. The plaintiff has filed for attorney fees and costs.
Guillen vs. Maupin. Case no. 2012-014834CA01; Judge Norma Lindsey, 02-25-14.
Attorney for plaintiff: Eric Alvarez and Frank Alvarez in Miami, FL.
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