James Durstein (first chair) and Ray Roebuck won a full defense verdict in Saint Johns County on July 27, 2023, after four days of trial and four years of litigation. The Plaintiff was a 50-year-old woman who claimed permanent and severe injuries were caused by the accident, including two separate neck surgeries. She claimed more than $320,000 in medical bills alone, along with future medical expenses, and non-economic damages.
In a classic “he said, she said” case, the parties disputed who was at fault for an intersection crash that occurred around 5:45 a.m. The accident involved vehicles driven by the Plaintiff and our Client, with no other witnesses. We also disputed a causal relationship between the Plaintiff’s surgeries and the accident, because – although there was no documented pre-accident history of neck treatment – the Plaintiff did not see a doctor for 13 days after the accident occurred, among other reasons.
Our defenses blended engineering principles (via our retained expert) with common sense. Through cross-examination, James Durstein and Ray Roebuck each elicited reluctant admissions/acknowledgments from various witnesses (this included primarily the Plaintiff, her accident reconstruction expert, and the Plaintiff’s operating neurosurgeon) that were favorable to our defenses and were themes of the trial.
After four packed days of trial, the Jury answered “No” to the threshold question of whether there was negligence on the part of our client that was a legal cause of injury to the Plaintiff. No damages were awarded. This was a full defense verdict. We are very pleased for our Client, and very pleased with the result.