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Motor vehicle negligence - Alleged rear end collision following initial head-on impact - Head injury with cognitive deficits - Facial fractures requiring reconstructive surgery - Leg and foot fractures.

Volusia County

The plaintiff alleged that the defendant negligently struck the rear of her vehicle after she was impacted head-on by a non-party driver. The defendant denied that his car struck the back of the plaintiff’s car as she alleged. A separate action brought by the plaintiff’s brother, who was a passenger in her car at the time of the accident, is pending.

Evidence showed that a non-party vehicle was driving the wrong way on Interstate Route 4 in Volusia County and that this car was being followed by police, who were driving in the correct lane. The non-party vehicle struck the plaintiff’s car in a head-on collision in the plaintiff’s lane of travel. The defendant was driving behind the plaintiff’s car.

The plaintiff claimed that the defendant was negligent in striking the back of her car after the initial impact. The plaintiff’s doctors testified that the plaintiff sustained a head injury with mild to moderate cognitive deficits, facial fractures which required reconstructive surgery and fractures to her left leg and right foot as a result of the accident.

The defendant contended that the plaintiff’s car slid into the median after the initial head-on impact and that his car struck the non-party vehicle. The defendant denied that there was any contact between his vehicle and the plaintiff’s vehicle. The court denied the defendant’s request to list the driver of the non-party vehicle on the verdict form as a Fabre defendant.

The jury found no negligence on the part of the defendant which was a legal cause of injury to the plaintiff. The case is currently on appeal.

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