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$________ Motor Vehicle Negligence – Rear end collision by 18-wheel tractor trailer – Left shoulder impingement syndrome – Cervical strain – Damages/causation only.

Hardee County, FL

The defendants stipulated to negligence in this action which arose when the defendant’s 18-wheel tractor trailer struck the back of a vehicle, in which the plaintiff was a rear seat passenger. The host vehicle was stopped for an emergency vehicle on a divided highway in Wauchula, Hardee County, Florida at the time. Accordingly, the case was tried on the issues of damages and causation only.

The plaintiff contended that the defendant’s truck was traveling at a significant speed and caused “catastrophic” property damage to the host vehicle. The plaintiff claimed a left shoulder impingement syndrome and cervical strain as a result of the accident. The plaintiff withdrew her wage loss claim, and the defendant obtained a directed verdict regarding future medical expenses. The plaintiff’s counsel requested that the jury award the plaintiff $________ in total damages.

The defendant asserted that the plaintiff’s left shoulder complaints were not causally related to the subject collision. The defense supported that the plaintiff’s MRI findings of the left shoulder and lack of significant clinical findings from her initial treating physician showed that the condition was not caused by the collision. In addition, the defense pointed out significant gaps in the plaintiff’s treatment including the delay of a year in obtaining prescribed physical therapy.The jury found that the plaintiff did not sustain a permanent injury as a result of the accident. The plaintiff was awarded $________ in damages, the amount suggested by defense counsel. The award represents the plaintiff’s emergency room treatment, MRI, and radiology studies and two follow-up visits with her primary care physician. Post-trial motions are currently pending.

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