FOR IMMEDIATE RELEASE
September 14, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB GETS JURY TRIAL DEFENSE VERDICT
FORT LAUDERDALE ― David M. Tarlow, managing partner of QPWB’s Fort Lauderdale office, received a defense verdict for his client, a taxicab driver who rear-ended the car Plaintiff was a passenger in.
On January 29, 2020, the Plaintiff, then 21 years old and six months pregnant, was the front seat passenger in an automobile being driven by her mother. When the accident occurred, Plaintiff testified she felt her baby “jump and move.” Police and fire rescue immediately responded. The police officer documented Plaintiff was wearing a seat belt at the time of accident while fire rescue documented Plaintiff was not wearing a seatbelt. Plaintiff was transported to the emergency room within five minutes of fire rescue’s arrival. Hospital records documented Plaintiff was an unrestrained passenger involved in a motor vehicle accident and a complete OB/GYN workup was performed. Records further documented Plaintiff complained of lower back pain. Testing at the hospital showed the fetus was now in a breach position. Plaintiff ultimately gave birth via C-Section.
The day following the accident, Plaintiff began treating with a chiropractor for neck and lower back pain. At the conclusion of treatment, Plaintiff was given a 10% permanent impairment rating with a recommendation for future care.
Following chiropractic care, Plaintiff began treating with a neurosurgeon for lower back pain. The doctor provided Plaintiff with a permanency rating and recommended injection therapy along with anti-inflammatory and muscle relaxers. Pre-trial, Plaintiff testified she filled the prescriptions which provided no relief. The doctor recommended that Plaintiff would need future medical care and treatment, including surgery, with the cost of the surgery being $100,000.
Pre-suit, the defense served a Proposal for Settlement which was not accepted.
A three-day jury trial commenced. The jury returned a verdict finding Plaintiff 50% at fault for not wearing a seatbelt which was the cause of her injuries. The jury found that only half of Plaintiff’s medical bills were related to the accident and did not award any money for future medical care. The jury found that Plaintiff did not prove a permanent injury and therefore the jury did not award any money for past or future pain and suffering.
After post-trial setoffs, judgment was entered in favor of our client who is now seeking attorneys’ fees and cost, in the form of a judgment, against Plaintiff.
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David M. Tarlow is the managing partner of the Fort Lauderdale office. He is an expert in civil litigation and is Board Certified in Civil Trial Law by the Florida Bar Board of Legal Education and Specialization and by the National Board of Trial Advocacy in the area of Civil Trials. His practice includes all aspects of insurance and general liability defense, product liability, wrongful death, personal injury defense, premise liability, automobile liability, negligent security, legal malpractice, and insurance coverage disputes and bad faith litigation. Tarlow received his law degree from the University of Miami School of Law in 1991. He is admitted in the U.S. District Court for the Southern and Middle Districts of Florida, Eleventh Circuit Court of Appeals, and the United States Supreme Court.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and woman owned law firm in the nation. Our lawyers provide representation in litigation, business, real estate and governmental law.