Miami-Dade County Jury Awards $1,955,000 in Rear-End Collision

In October 2006, a rear-end motor vehicle accident occurred on Okeechobee Boulevard in Miami-Dade County, leading to a lawsuit filed by the plaintiff. The plaintiff sued the estate of the at-fault driver, who died of unrelated causes prior to trial and whose estate stipulated to negligence in causing the collision. The plaintiff also sued her own underinsured motorist carrier.

The plaintiff claimed the collision caused three disc herniations in her cervical spine, resulting in continuing neck pain and limited motion, for which she underwent epidural injections. She also contended the injuries led to a relapse into alcohol abuse and addiction to painkilling drugs, despite a prior history of depression, anxiety, and being a recovering alcoholic. The plaintiff sought $63,497 in past medical expenses.

The defendants contested the causation and permanency of the plaintiff's injuries, as well as the reasonableness of past medical expenses and the need for future treatment. They argued that a settling third-party driver, who allegedly struck the at-fault driver's car and pushed it into the plaintiff's vehicle, was also negligent. The defense presented evidence that the impact was minor, noting no airbag deployment, and that the plaintiff drove home an hour after the accident without going to the emergency room or seeking medical treatment for three days. The defense also pointed to the plaintiff's involvement in three other accidents within six months of the subject collision, occurring before MRI films were taken, and noted that medical records showed no complaints of neck injuries during subsequent hospital admissions. Defendants further contended that the plaintiff's medical records did not support the claim that the accident caused her alcohol relapse.

A jury found that the plaintiff sustained a permanent injury as a result of the accident and awarded $1,955,000 in damages. However, the jury declined to award damages for past pain and suffering.