West Palm Beach Jury Finds Permanent Injury in Rear-End Collision

On March 12, 2002, a plaintiff, traveling as a front seat passenger, was involved in a rear-end collision at the intersection of Military Trail and Summit Boulevard in West Palm Beach, Florida. The plaintiff's vehicle was struck by an underinsured motorist while stopped in traffic. The at-fault driver admitted liability, and their $10,000 policy limits were tendered.

Subsequently, the plaintiff filed a claim against their own insurer, the defendant, seeking uninsured/underinsured motorist coverage. The primary dispute centered on whether the motor vehicle accident was the legal cause of the plaintiff's injuries and if those injuries were permanent. Both parties presented expert testimony, including orthopedic surgeons, and the defendant also called a radiology expert. The defendant had offered $55,000 to settle the case.

A jury ultimately concluded that the motor vehicle accident was a legal cause of injury or damage to the plaintiff. The jury further found that the plaintiff sustained a permanent injury, within a reasonable medical probability, as a direct result of the collision.