11 February, 2026

Florida Attorneys Secure Trial Victory in Motor Vehicle Accident Case, Eliminating Plaintiff’s Recovery via Statutory Shift

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In: Verdicts

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February 11, 2026

TAMPA – Tampa Partner Drew Lewis, Naples Managing Partner Mike Fasano, and Tampa Associate Andrew Westphal prevailed in a significant motor vehicle accident trial, securing a decisive defense victory. Despite a final demand of over $1.6 million, the jury awarded just $26,000, which was the exact amount proposed by the defense. This outcome triggered a shift in liability for litigation expenses, leaving the Plaintiff responsible for the Defendant's attorney fees and costs.


Overview of the Case

The case stemmed from a rear-end automobile accident where the defense conceded liability. The trial focused exclusively on the issues of causation and damages. The Plaintiff alleged permanent injuries and sought a substantial award for future care and lost wages.

Key Difference-Makers

Administrative Support

  • Deneen Kerrigan – Paralegal
  • Telisha Thompson – Legal Assistant
  • Ashlynn Mitchell – Legal Assistant

Claims Made Against Our Client

The Plaintiff sought a total of $1,628,000 in damages for alleged injuries to his back, neck, and left hip. This figure included over $80,000 in past medical bills and was supported by a Life Care Planner expert who testified that the Plaintiff would require in excess of $600,000 in future medical care. Additionally, the Plaintiff’s counsel alleged over $350,000 in past and future lost wages, attributing the Plaintiff’s total inability to work and his extensive surgical recommendations to the subject accident.

Defense Strategy

The defense strategy centered on a rigorous challenge to the Plaintiff’s credibility. The team utilized investigative surveillance to contradict the Plaintiff’s claims regarding his physical limitations. Furthermore, the defense exposed that the Plaintiff had withheld pertinent information regarding prior medical treatment to the same body areas from both his treating physicians and during the discovery process.

By focusing on this lack of transparency, the team argued that the treating doctors' opinions were based on incomplete and inaccurate information. The defense presented a Compulsory Medical Examination (CME) expert who testified that the accident caused only minor muscle strains requiring no more than six months of conservative treatment.

Impact on Final Outcome

The defense’s approach proved highly effective when the jury returned a verdict for only $26,000, which represented the precise amount suggested by the defense for limited conservative care. Because the defense had previously served a reasonable $100,000 Proposal for Settlement (PFS) which the Plaintiff rejected, the victory was compounded. This outcome triggered a shift in liability for litigation expenses, leaving the Plaintiff responsible for the Defendant's attorney fees and costs.

Unique Aspects of the Case

The most unique aspect of the trial was the successful integration of surveillance evidence with the discovery of the Plaintiff's undisclosed medical history. The defense effectively demonstrated that the Plaintiff’s failure to divulge prior injuries to his own doctors "poisoned the well" of medical testimony, making it impossible for his experts to accurately link his condition to the accident.

Predicting the Future

This outcome reinforces QPWB’s commitment to achieving superior results through high-level analysis and proactive litigation management. By utilizing the Proposal for Settlement as a strategic tool, the firm effectively manages client exposure and discourages the pursuit of inflated damages. This result signals to opposing counsel that the firm will thoroughly vet medical histories and surveillance to ensure juries see the objective evidence.

Key Actions in This Case

  • Credibility Impeachment: Used surveillance and undisclosed prior medical records to dismantle the Plaintiff's narrative.
  • Expert Testimony Alignment: Successfully convinced the jury to adopt the specific $26,000 valuation provided by the defense CME expert.
  • Strategic PFS Utilization: Leveraged a $100,000 Proposal for Settlement to shift the burden of legal fees onto the Plaintiff following the low verdict.


About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 55 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.

Discover the QPWB Difference

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