Clearwater Court Rules Permanent Injury in Rear-End Collision

A plaintiff filed a lawsuit in Clearwater, Florida, following a rear-end collision on April 28, 1999. The incident occurred at the intersection of Belcher Road and Range Road when the plaintiff's stopped vehicle was struck by the defendant's vehicle. The complaint also included claims related to a separate November 1997 accident, which settled on the second day of trial. A claim for loss of consortium was dismissed before trial.

During the trial for the April 1999 incident, medical experts for both parties testified on the permanency of the plaintiff's injuries. The plaintiff presented testimony from orthopedic surgeons and a pain management physician, while the defendant offered testimony from an orthopedic surgeon. A jury initially found that the plaintiff sustained no permanent injuries. Prior to trial, the defendant had offered policy limits of $50,000, and the plaintiff's lowest demand was $150,000.

The court later granted the plaintiff's motion for a new trial, limiting it to the issue of damages. Based on medical evidence and testimony, the court determined as a matter of law that the plaintiff had suffered a permanent injury. A $50,000 settlement proposal from the plaintiff is currently pending, with potential for appeals and cross-appeals.