Senior Partner, Juan Ruiz, Esquire, and Senior Associate, Matthew P. Funderburk, obtained a favorable verdict in a general liability, negligence matter styled Plaintiff v. Michael Hogan and Cynthia Hogan. Plaintiff filed suit against Michael Hogan and Cynthia Hogan for personal injury damages arising out of a motor vehicle accident which occurred on February 17, 2016. Plaintiff alleged that as a result of this, low speed, low impact, rear end collision, she suffered multiple disc herniations in her cervical and lumbar spine. She also alleged she suffered a traumatic brain injury. This matter was tried in the Circuit Court, for the Ninth Judicial Circuit in in for Orange County, Florida. Negligence was admitted on the part of the defense, and the matter proceeded to trial on medical legal causation and damages.

 

At trial, Plaintiff attempted to advance the traumatic brain injury theory through the testimony of the treating neurologist, Dr. Marc Sharfman. The defense demonstrated through the testimony of the Plaintiff that there were no cognitive deficits, or any indication of a traumatic brain injury present despite allegations to the contrary. Defense experts, Dr. Kevin Cox, Orthopedic Surgery, and Dr. Paul Koenigsberg, Radiology, Opined that the need for Plaintiff‘s surgery was related to chronic and degenerative/pre-existing conditions.

 

In closing, Plaintiff counsel demanded $19,500,000 – $19,900,000. the defense “anchored” their closing argument with a figure of $17,250 representing the post-accident, conservative care and treatment. After deliberating for 70 minutes, the jury returned the verdict of $610,633 representing $360,633 in past medical expenses and $250,000 in future medical expenses. The jury did not find Plaintiff suffered a permanent injury, and therefore did not award any non-economic damages.  Read More