Jury Finds Surgery Not Related to Car Accident

The Peterson Bernard Team obtained a successful verdict in a 4 day trial in Palm Beach County.  The case involved a moderate impact three car collision.  The Plaintiff initially treated conservatively but later underwent a single level cervical fusion.  Our insurance client offered to tender its $50k policy upon learning of the surgery, but the Plaintiff refused to accept the policy and proceeded to trial in an attempt to get an excess verdict and pursue a bad faith claim.  The Plaintiff asked the jury for approximately $800K in damages.   The jury determined that the surgery was not related to the accident, and only awarded the Plaintiff for some of the conservative treatment he received initially after the accident of approx. $28K, with no future medical treatment and a finding of no permanent impairment.  After the collateral source set-offs were applied, the verdict came down to $18K.  There was an expired proposal for settlement for the $50K policy limits, which entitled our client to attorney’s fees and costs, which surpassed the net award to the Plaintiff.