Matthew Fiorello defended an auto accident case where plaintiff and defendant were both driving in the same direction on US-1 in Ft. Pierce. Defendant was a lawn company pulling a trailer behind a dump truck. Defendant changed lanes and there was a minor collision with plaintiff’s vehicle. No injuries occurred and neither driver was cited by police.
Subsequently, plaintiff underwent lumbar surgery. At trial, plaintiff’s medical bills totaled approx. $150,000. At trial, Defendant admitted fault for the accident. However, defense was able to show the plaintiff was on the cell phone at the time of the accident, despite conflicting trial testimony. Jury found defendant 65% at fault and the plaintiff 35% at fault.
Following set-offs, defense was successful in keeping the verdict within the policy limits and equal to pre-trial offer, as well as avoiding plaintiff’s demand for extra-contractual monies.