September 3, 2010

Contact: Eric W. Boyer, Esq.
Managing Partner
305-670-1101 Ext. 1023

Insurance Claims Litigation

James J. McNally

FT. LAUDERDALE, Fla. – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) insurance defense attorney James J. McNally obtained a favorable defense verdict on behalf of his client, an Uninsured Motorist insurer, after a hotly contested one week jury trial. The plaintiff brought a claim against the QPWB client for Uninsured Motorist benefits arising out of an intersection collision between a car and a bus. The plaintiff was seriously injured including a fractured ankle, a broken wrist, a severed tendon and significant scaring. She was hospitalized for over one month and underwent several surgeries including screws and an external fixator. The medical bills were approximately $100,000.00. The defendant’s IME orthopedist agreed that the plaintiff had suffered a permanent injury. There was only $25,000.00 in available Uninsured Motorist benefits which were offered and rejected. The plaintiff claimed that the Uninsured Motorist insurer was in bad faith and filed a Civil Remedy Notice. The settlement demand was always well in excess of the policy limits. There was no chance of settlement.
Liability and comparative fault were disputed. The plaintiff claimed that she had a green or yellow light at the intersection while the defendant claimed that the plaintiff entered the intersection on a late yellow light or a red light. Both sides called accident reconstruction experts and eyewitnesses. After a one week jury trial, the jury deliberated for half of a day and found damages in excess of $175,000.00 but also found that the plaintiff was 95% at fault for the accident reducing the verdict to $7,177. The defendant previously filed a Proposal for Settlement for the $25,000.00 policy limits and a Final Judgment will be entered in favor of the defendant against the plaintiff.
About QPWB
Quintairos, Prieto, Wood & Boyer, P.A., is a full-service business law firm with more than 100 attorneys collaborating across major practice areas in seven offices located throughout Florida, including Miami, Fort Lauderdale, Fort Myers, Tampa, Orlando, Jacksonville and Tallahassee. QPWB provides comprehensive legal services to individuals and organizations of all sizes throughout the U.S. and the U.S. Virgin Islands.

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