Palm Beach County Jury Awards $310,492 in Rear-End Collision

On December 20, 2011, a husband and wife were involved in a three-vehicle collision on State Road 715 in Belle Glade, Palm Beach County. The plaintiffs' vehicle stopped behind a commercial box truck, operated by one defendant, and was then struck from behind by a pickup truck, operated by a co-defendant, pushing the plaintiffs' vehicle into the back of the box truck. The plaintiffs, the occupants of the middle vehicle, filed a negligence action claiming the box truck driver was negligent for unnecessarily stopping at a flashing yellow light, and that the striking vehicle's driver was negligent for failing to observe stopped traffic.

The striking vehicle's owner and driver stipulated to negligence. However, the box truck driver contended the light was red when he stopped, changing to flashing yellow only after the collision, and that his stop was lawful and not sudden. Both defendants disputed the plaintiffs sustained permanent injuries from the collision. The defense argued the plaintiff wife's aggravated abdominal condition was due to pre-existing weaknesses and prior surgeries, not the accident, with an expert testifying post-accident fluid was a seroma unrelated to trauma. They also claimed the plaintiff husband's neck and back issues were degenerative and pre-existing.

A jury found no negligence on the part of the defendant box truck driver that legally caused damage to the plaintiffs. The jury determined both plaintiffs sustained permanent injuries and awarded the plaintiff wife $231,749 in damages and $10,000 to her husband for loss of consortium. The plaintiff husband received $68,743 in damages. The jury declined to award loss of consortium to the wife. The total damages awarded against the striking vehicle owner/driver amounted to $310,492.