Destin Jury Finds Negligence, No Damages in Rear-End Collision

On August 6, 1997, a vehicle operated by an uninsured driver rear-ended a plaintiff's vehicle, which was stopped at a traffic light on Matthew Boulevard at the intersection of Highway 98 in Destin, Florida. The plaintiff subsequently filed a lawsuit against the uninsured/underinsured motorist carrier, the defendant insurer, seeking damages for injuries sustained in the collision.

The plaintiff alleged the uninsured driver's negligence caused the crash and resulted in injuries requiring expert testimony from specialists in vocational rehabilitation, neurosurgery, chiropractic care, and economics. The defendant admitted the uninsured driver's negligence but disputed the permanency of the plaintiff's injuries, pointing to a pre-existing Social Security disability related to a prior work-related accident. The defendant also sought collateral source set-offs for disability insurance and personal injury protection (PIP) payments.

A jury found that the admitted negligence of the uninsured driver was a legal cause of damage to the plaintiff. However, the jury also determined that the plaintiff did not sustain a permanent injury within a reasonable degree of medical probability as a result of this specific accident. Prior to the verdict, the defendant offered a total of $25,000 to the plaintiffs, who had demanded $35,000. Post-verdict motions regarding attorney's fees, costs, and disputes over the applicability and amount of collateral source set-offs remained pending.