Ft. Myers Jury Awards Damages After Rear-End Collision

On March 9, 2000, in Ft. Myers, Florida, a traffic collision occurred when the defendant, traveling west on Stella Street, stopped at a stop sign at the intersection with S.R. 45. The defendant then proceeded to cross the southbound lanes of S.R. 45 and entered the center median, reportedly failing to notice the plaintiff traveling north in the far lane of S.R. 45. The plaintiff's vehicle subsequently rear-ended the defendant's vehicle, resulting in both vehicles being declared total losses.

The plaintiff filed a lawsuit, alleging the defendant violated her right-of-way. The defendant contended the plaintiff was speeding at the time of the collision. During the trial, medical experts for both sides provided testimony, and the defendant testified via deposition.

The jury determined that the plaintiff sustained a permanent injury as a direct result of the accident. Following this finding, the plaintiff stipulated to dismiss a claim for future medical expenses. The defendant withdrew a motion for a new trial after an agreement was reached regarding a collateral source set-off. The final judgment reflected reductions for the plaintiff's comparative negligence and for collateral source payments totaling $25,797.71.