Michael Regan and Brian Guter Win Favorable Verdict in May 2018 UM Case

On May 24, 2018, an Ocala jury returned a favorable verdict for an insurance company which was represented by Michael Regan and Brian Guter in a lawsuit for uninsured motorist coverage benefits.

The plaintiff was a retired nurse who claimed that she suffered permanent aggravations of neck and back conditions as a result of an accident in which the at-fault driver turned left in front of the plaintiff, resulting in a “t-bone” collision.  The defense admitted negligence before trial.

The plaintiff relied on a radiologist and three treating physicians, including an osteopath, an orthopedic spine surgeon, and an interventional pain management specialist. They all asserted that plaintiff’s post-accident treatment, which included a lumbar fusion surgery and pain management treatment, was related to the accident.

At the close of the evidence, Brian moved for a directed verdict on future medical expenses.  The Court granted the motion with respect to Plaintiff’s claim that she might need another lumbar spine surgery in the future.  The Court did allow the plaintiff to submit her claims for future physical therapy and future pain management consisting of spinal injections, radio-frequency lesioning, and a spinal cord stimulator to the jury.

The plaintiff’s attorney asked the jury to award past medical expenses of $186,695.58 and future medical expenses amounting to $100,000.00.  He asked the jury to find that plaintiff was permanently injured and to award her $80,000.00 for past pain and suffering and $320,000.00 for future pain and suffering for total damages amounting to $686,695.58.

During closing arguments, Mike asked the jury to award a small portion of past medical expenses, but nothing else.  The jury awarded the plaintiff only $100,000.00 of her past medical expenses and did not award any money for future medical expenses.  The jury found that the plaintiff did not suffer a permanent injury or aggravation and, therefore, did not award her any non-economic losses, past or future.

 

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