June 14, 2017

Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Automotive Liability / Causation Defense

WEST PALM BEACH, Fla.George L. Fernandez and Jaime E. Campos of the Miami office of Quintairos, Prieto, Wood & Boyer, P.A. obtained a pure defense verdict in a motor vehicle accident jury trial on behalf of their clients, Susan Lebersfeld and CL Transportation. The Plaintiff’s pre-suit demand totaled $11 million from Travelers Insurance Company which included $3 million of past wage loss claims. Prior to trial, the Plaintiff voluntarily dropped his wage loss claim and claims for mental anguish.
This case stemmed from a rear-end automobile collision where the defendants admitted fault for causing the accident. The Plaintiff’s vehicle sustained approximately $29,000 in damage during the accident. The Plaintiff underwent separate cervical and lumbar surgeries following the accident. This case hinged on 3 key issues: causation of the Plaintiff’s claimed injuries to his neck and back; reasonableness of the claimed medical bills; and whether the Plaintiff suffered a permanent injury from the accident.
The Plaintiff’s attorneys asked the jury for a total of $3 million at trial which was comprised of $230,000 in past medical bills; $660,000 future medicals; $334,000 for past pain and suffering; and $1.8 million in future pain and suffering.
Before trial, the Defense filed a proposal for settlement and is therefore now entitled to recover the Defendants’ attorneys’ fees and costs as the prevailing party.
During the trial, the Plaintiffs called 3 expert witnesses: a treating orthopedic physician, a physical medicine and pain management specialist, and an engineer/accident reconstruction expert. The defense presented two expert witnesses who testified to the 3 key issues of causation of injuries, reasonableness of medical bills, and whether the permanency of injury was attributable to the accident.
This case litigated for over 2 years beginning with the Plaintiff’s pre-suit demand of $11 million. Argument presented by the defense convinced jurors, in less than 40 minutes, to conclude that the negligence of the defendant was not the legal cause of loss, injury or damage to the Plaintiff, hence returning a defense verdict. A Motion to Tax Attorneys’ Fees and Costs is pending under the defense’s proposal for settlement to the Plaintiff.

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George L. Fernandez is a partner in the Miami office and is a Florida Bar Board Certified Civil Trial Lawyer and member of the American Board of Trial Advocates. Jaime E. Campos is a litigation partner in Miami focusing on automobile and trucking liability among various other areas of practice.
QPWB is the largest minority and women owned law firm in the nation with 20 offices in the U.S. and abroad.

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