No Permanency Defense Verdict in Leon County

On January 12, 2023, Michael Regan and Raymond Roebuck won a no permanency verdict after a five-day jury trial in Leon County, Florida in favor of our client, the Defendant, who rear-ended the Plaintiff while stopped at a red light.

The Plaintiff was a United States Coast Guard veteran who claimed that he suffered permanent injuries as a result of the accident. He had no prior history of treatment for neck or back complaints. After the accident, he claimed that he suffered permanent such injuries, including lumbar facet joint injuries and lumbar disc herniations causing nerve root impingement.

The Plaintiff received chiropractic treatment, several lumbar epidural steroid injections, and underwent a lumbar fusion surgery. He also claimed that he had to quit his job as a truck driver due to the accident.

The Plaintiff sought recovery of approximately $2,300,000 in damages, with $194,736.12 in past medical expenses, $629,397.87 in claimed future medical expenses, $120,000 in lost earnings, and more than $1,300,000 in past and future pain and suffering.

Mike Regan admitted negligence and that the Plaintiff suffered a temporary back strain. He asked the jury to award $7,695.00 in past medical expenses for the initial hospital visit, the first few weeks of chiropractic care, and for the lumbar MRI. He argued that the pain management treatment and low back surgery were not related to the accident based on chronic findings on the MRI.

The jury found that the Plaintiff suffered a temporary strain, but not a permanent injury, and awarded the Plaintiff $7,695.48 in past medical expenses, zero damages for future medical expenses, and zero damages for lost earnings. Without a finding of permanent injury, the Plaintiff was also not awarded any damages for pain and suffering.

After setoffs, the jury verdict was reduced to $1,031.63. The Court also determined that the Defendant was entitled to pursue attorneys’ fees and litigation costs from Plaintiff since the Defendant prevailed on a pre-suit proposal for settlement.

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