Starke Florida Jury Finds No Damages Awarded in Rear-End Collision

In July 1997, in Starke, Florida, a vehicle operated by the plaintiff was rear-ended on S.R. 100 while stopped and preparing to make a left turn. The at-fault driver, who was uninsured, allegedly failed to reduce speed and was impaired due to intoxication. The plaintiff subsequently filed a lawsuit against their own uninsured/underinsured motorist insurance carrier, seeking damages for alleged injuries.

During the proceedings, the plaintiff presented expert testimony from a neurosurgeon and an engineer, asserting that the collision caused permanent injuries. The defendant, in turn, presented expert testimony from an orthopedic surgeon and a chiropractor. The primary dispute focused on whether the plaintiff sustained a permanent injury that was legally caused by the negligence of the at-fault driver.

A jury ultimately found that the plaintiff did not sustain a permanent injury within a reasonable degree of medical probability that was legally caused by the at-fault driver's negligence. The defendant had previously extended an offer of judgment for $10,000. An order granting the defendant's motion for set-off was entered in March 2003, and the plaintiff filed a notice of appeal the following month.