James Durstein and Mike Regan Win in Duval County

James Durstein and Mike Regan Win in Duval County

 

During the second week in August 2019, after four days of jury trial, James Durstein and Mike Regan prevailed with a favorable jury verdict in a motor vehicle accident case. The plaintiff's attorneys told the jury from the beginning of the trial that they would be asking for millions of dollars based in large part on future interventional pain management expense. But, before letting the case go to the jury, the court directed a verdict in our client's favor on all future medical expense other than physical therapy.
It became clear on our cross-examination of the plaintiff's pain management physician that the claim of future pain management expense was speculative. Consequently, the court would not allow the plaintiff's life care planning expert to express opinions regarding future pain management expense.
Despite the directed verdict on future medical expense, Plaintiff's attorneys asked the jury to award her over $4 million for past and future pain and suffering. We conceded that the plaintiff sustained cervical and lumbar strains, but argued that she did not suffer a permanent injury.
We suggested that the jury's award of past medical expense be limited to $13,800 for the initial emergency department visit and for the first 2 1/2 months of chiropractic treatment. This is exactly what the jury awarded. The jury also found that the plaintiff did not sustain a permanent injury, so the jury did not award any damages for pain and suffering.
This was a defense verdict.

AREAS OF PRACTICE

  • Bad faith and extra-contractual damages
  • Commercial disputes
  • Construction disputes and defects
  • False claims
  • Insurance fraud
  • Insurance and coverage issues
  • Motor vehicle accidents
  • Negligence claims
  • Premises liability
  • Products liability
  • Professional liability
  • SIU investigations

DISCLAIMERS

The Florida Bar regulates advertising by lawyers, and may consider lawyers’ websites a form of advertising. 

  • The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
  • The material on this web site is informational only. We give no legal advice on this web site.
  • Results may not be typical. You may not have as beneficial a result.

 

LATEST NEWS

Invitation to Join Claims and Litigation Management Alliance (CLM)

February 13, 2013

O’Hara Halvorsen Humphries, PA is pleased to announce that J. Stephen…

Read More

Keeping Up To Date

January 28, 2013

On January 24, 2013, Steve and Jeri O’Hara attended the “Bad…

Read More

Order Denying Motion to Remand

January 11, 2013

On January 9, 2013, a federal trial court entered an order…

Read More

Rare Win for Insurance Company

December 18, 2012

Jeff Humphries obtained an exceptional verdict for an insurance company in…

Read More

JADC Vice President

December 13, 2012

Congratulations to attorney Aurora Vaca who was nominated for, and accepted…

Read More

Favorable Verdict for Defense (brain-injured child)

December 10, 2012

Steve and Jeri O’Hara won a favorable verdict for the defense…

Read More

Trial Featured in DRI Newsletter

December 7, 2012

An exceptional defense verdict achieved by the firm on behalf of…

Read More

Another Win on Appeal

December 6, 2012

On December 3, 2012, the Florida First District Court of Appeal…

Read More

Three Attorneys Named Among Jacksonville’s Best

November 14, 2012

Three of our attorneys were recently included among “Jacksonville’s Top Lawyers”…

Read More

Favorable Appellate Decision

August 3, 2012

In August 2012, Susan was successful in having our defense verdict…

Read More

CONTACT US

O’Hara Law Firm, P.A.

Telephone:
904-346-3166
800-241-6209

Facsimile:
904-346-5445

Address:
4811 Beach Boulevard, Suite 303
Jacksonville, FL  32207

OFFICE MAP

Leave a Comment