Orange County Jury Awards $45,000 in Rear-End Collision

On March 5, 2001, a rear-end collision occurred on Maitland Boulevard at the I-4 exit ramp in Orange County, Florida. The plaintiff's vehicle was struck from behind by the defendant's vehicle after the plaintiff had stopped to allow another vehicle to re-enter traffic from a median. The impact pushed the plaintiff's vehicle into the median and into the rear of the first vehicle. The defendant admitted liability for causing the collision prior to trial.

The subsequent legal dispute centered on the extent and permanence of the plaintiff's alleged injuries resulting from the crash. The plaintiff presented testimony from medical professionals, including a family practice physician, a radiologist, a pain management physician, a physical therapist, and an orthopedic surgeon. In challenging the permanence of the injuries, the defendant offered testimony from an orthopedic surgeon and presented surveillance footage showing the plaintiff engaged in activities such as rollerblading, working out in a gym, and camping. A roommate of the plaintiff also testified that the plaintiff did not appear to be injured.

A jury found that the defendant's negligence was a legal cause of some loss, injury, or damage to the plaintiff. However, the jury also determined that the plaintiff did not sustain a permanent injury as a result of the accident. The verdict awarded $45,000 after a collateral source set-off, which was less than the plaintiff's pre-trial demand of $50,000.