Boca Raton Court Orders New Trial for Rear-End Collision Damages

In November 1997, a plaintiff was involved in a motor vehicle accident at the intersection of Jog Road and Clint Moore Road in Boca Raton, Florida, when another driver rear-ended the plaintiff's vehicle. The at-fault driver later settled for $100,000, representing the policy limits of their insurance.

Following this initial settlement, the plaintiff filed a lawsuit against their own insurer, seeking underinsured motorist coverage for additional damages. The case primarily focused on the plaintiff's injuries, particularly a left shoulder condition. Orthopedic and neurology experts testified for both the plaintiff and the defendant insurer regarding the nature and extent of the injuries. The defendant insurer had offered $20,000 to settle the claim, while the plaintiff had initially demanded policy limits of $50,000 before withdrawing the demand.

The court subsequently granted the plaintiff's motion for a new trial. The new trial was ordered specifically on the issues of future medical expenses, pain and suffering, and consortium, limited to damages related to the left shoulder.