Pasco County Jury Finds 100% Liability in Fatal DUI Collision

One driver was stopped at a stop sign when their pickup truck was struck from behind by another pickup truck. The driver and a passenger in the first truck claimed injuries. The passenger's claim was settled before trial. The driver's claim proceeded to trial, where the jury found the second driver liable for the accident.

On May 26, 2004, a plaintiff was a passenger in an automobile that was rear-ended near the intersection of Bedford Avenue and De Kalb Avenue in Brooklyn. The plaintiff's vehicle was preparing to make a U-turn when the collision occurred. The plaintiff subsequently filed a lawsuit, alleging the driver of the striking vehicle was negligent and the vehicle owner was vicariously liable. The defendants conceded liability, and the case proceeded to trial solely on the issue of damages. The plaintiff claimed to have sustained a herniated disc at C5-6, seeking medical treatment 21 days after the incident. Treatment included chiropractic care, acupuncture, massage therapy, and hot and cold packs over several months. The plaintiff reported missing two days of work and alleged permanent neck pain, decreased range of motion, and episodes of immobility, asserting an inability to engage in activities such as dancing, playing basketball, or wearing high heels. A family medicine physician testified on the plaintiff's behalf. The defendants argued that any injuries sustained by the plaintiff resolved within 90 days of the accident, with the decreased range of motion improving within three months. A radiologist testified for the defense, stating that the plaintiff's MRIs were normal and indicated no injury. Prior to the verdict, the parties agreed to cap any damages award at $25,000, which represented the policy limits. The plaintiff had also settled a claim with the driver of the vehicle in which she was a passenger for $3,500. Following the trial, a jury awarded the plaintiff $30,000, including $10,000 for past pain and suffering and $20,000 for future pain and suffering. The final recovery was then reduced to the agreed-upon $25,000 cap.

One driver stopped their vehicle on a highway when the other driver struck them from behind at a high speed. The impact caused the driver to hit their head and briefly lose consciousness. The injured driver claimed the accident caused a brain injury, preventing them from completing college studies, and also affected their ability to care for their young son. The other driver admitted to the collision but disputed the extent and cause of the injuries.

One driver rear-ended another vehicle stopped at a red light. The driver who was hit filed a lawsuit seeking damages for medical expenses and pain and suffering. The parties reached a settlement agreement.

One driver alleged another driver was negligent in striking their vehicle. A second driver then struck the first driver's vehicle, causing it to hit the plaintiff's vehicle a second time. The plaintiff suffered injuries to their neck, back, and shoulder. The parties resolved the claim for $60,750.