Hialeah Gardens Jury Finds Negligence in Rear-End Collision

On December 20, 1999, a vehicle operated by a defendant's employee rear-ended a vehicle carrying the plaintiff at the intersection of N.W. 103rd Street and S.R. 25 in Hialeah Gardens. The employee was attempting to answer a cell phone, which fell to the floor. When the employee looked up, the collision occurred, pushing the plaintiff's vehicle into a third vehicle.

The plaintiff subsequently filed a lawsuit, alleging negligence and seeking damages for injuries. The defendant admitted liability for the collision but disputed that the incident caused the plaintiff's claimed injuries. Expert medical testimony, including orthopedic surgeons and a radiology expert, was presented by both sides regarding the causation and permanency of the plaintiff's injuries.

A jury found that the defendant's employee's negligence was a legal cause of the plaintiff's loss, injury, or damage. The jury also determined that the plaintiff sustained a permanent injury as a result of the accident. A $5,150 PIP set-off was applied. The defendant had previously offered $10,000, and the verdict was paid.