Fifth District Reverses $1.6M Verdict in Auto Accident Case

February 1, 2025 by on News

Kevin D. Franz successfully obtained a decision from the Fifth District Court of Appeal reversing a $1.6 million verdict in an auto accident case.  Plaintiff brought a negligence action seeking damages arising out of a September 6, 2019, auto accident with the Defendant who disputed liability, causation, permanency, and damages.  Plaintiff had been involved in prior auto accidents in 2009 and 2017.  There was also evidence that she suffered from an underlying chronic degenerative spinal condition.  At the close of evidence, Plaintiff moved for a partial directed verdict arguing the evidence was undisputed that she sustained at least “some” injury from the 2019 accident; specifically, a sprain/strain.  The trial court granted the motion, removed causation from the verdict form, and left it to the jury to determine damages.

We appealed on Defendant’s behalf arguing that the evidence in the light most favorable to the Defendant would allow the jury to find that all of Plaintiff’s claimed damages were caused by something other than the 2019 accident (e.g., preexisting injuries or degeneration).  We relied heavily on a case called Lancheros v. Burke, 375 So. 3d 927 (Fla. 6th DCA 2023), which involved similar facts resulting in a directed verdict on causation ultimately reversed by the appellate court.  The Fifth District Court of Appeal determined that Lancheros included “remarkably similar facts” as in our case, and that the trial court erred in directed a partial verdict in favor of the Plaintiff on causation.  The Fifth District Court of Appeal reversed the judgment and remanded the case back to the trial court.

Partner, Kevin D. Franz

Kevin D. Franz
Partner
Direct: 954.622.0093
Email: kfranz@boydjen.com

About Kevin D. Franz

Kevin D. Franz is a partner and Practice Group Leader of the firm’s Appellate Practice division. Mr. Franz has been Board Certified in Appellate Practice by The Florida Bar since 2019. He has received the Martindale-Hubbell AV Preeminent® Peer Review Rating and has 20 years of experience handling all types of civil appellate proceedings. Mr. Franz has handled appeals and petitions in the Supreme Court of Florida, the six District Courts of Appeal for the State of Florida, and the United States Court of Appeals for the Eleventh Circuit.

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