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DEFENDANT’S Motor Vehicle Negligence – Sideswipe Collision – Negligent lane change – Multilevel cervical, thoracic and lumbar herniations claimed.

Miami-Dade County, FL

This was a motor vehicle negligence action in which the plaintiff alleged that the defendant driver negligently changed lanes and caused a collision which left her permanently injured. The owner of the vehicle driven by the defendant driver was also named as a defendant in the case. The defendants maintained that the accident was caused solely by the plaintiff when she negligently moved into the defendant’s travel lane. The defense also denied the injuries which the plaintiff claimed she sustained as a result of the collision.

The plaintiff testified that the defendant’s vehicle swerved into the side of her vehicle and violated her right of way. The plaintiff was diagnosed with multilevel cervical, thoracic and lumbar disc herniations which she claimed were causally related to the accident.

The defendant driver maintained that the plaintiff’s vehicle moved into her lane and violated her right of way. The defense also argued that the plaintiff’s symptoms were caused by unrelated preexisting conditions. The plaintiff had voiced prior spinal complaints before the date of the collision, according to evidence offered by the defense.The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The defendant has moved for attorney fees and costs based on a proposal for settlement in the amount of $________.

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