Ft. Myers Jury Issues Verdict in Rear-End Collision

On February 19, 1994, a rear-end collision occurred on College Parkway near Summerlin Road in Ft. Myers when a defendant struck the plaintiff's vehicle, which was stopped at a red light. The defendant admitted liability for the collision, but the dispute centered on the plaintiff's alleged injuries and their origin.

The defendant contended that any injuries, specifically neck and back pain, resulted from a prior 1990 motor vehicle accident where the plaintiff had complained of similar issues. The defendant further argued that the plaintiff had not sought treatment for 18 months and had resumed carpet installation work. In response, the plaintiff testified that the 1990 injuries were minor and did not require follow-up care. The plaintiff also stated that an inability to afford treatment led to the gap in care, and that carpet installation was the only profession the plaintiff had known. Both sides presented testimony from neurology experts.

Before trial, the court granted a plaintiff's motion to preclude arguments regarding the plaintiff's non-use of a seat belt, noting the plaintiff's 1966 pickup truck did not have seat belts when purchased. While motions regarding attorneys' fees and costs were pending, the record did not specify the final verdict or settlement amount in the case.