Boyd & Jenerette attorneys Tom Berger and Lisa Robinson recently tried a UM case in Palm Beach County, Florida and obtained a great result for the carrier. The Plaintiff is a 53-year-old male who works in construction management. He underwent a two-level fusion almost immediately after seeing a surgeon. He had medical bills of over $257,000—$200,000 of which was for the surgeon and surgery center. His wife also filed a loss of consortium claim.

The case arose from a 3 car rear-end accident. The tortfeasor rear ended another vehicle, and that vehicle was pushed into the Plaintiff’s vehicle. There was nominal damage to the Plaintiff’s vehicle. The tortfeasor settled pre-suit for the policy limits of $100,000. The second vehicle also settled during the course of discovery.

Plaintiff filed suit against two UM carriers. The carriers agreed that each was responsible pro rata based on the coverage available. Through and including trial, the carriers offered, on the ratio, $300,000 to the Plaintiff. The last demand from the Plaintiff was $525,000.

Notably, the defense focused on the pre-existing nature of the alleged injury. A radiologist testify as to the MRI findings to support this defense. Additionally, the defense presented expert testimony on the excessiveness of the medical billing.  The expert testified that reasonable billing would be $59,487.

The jury returned a verdict of: Past Medicals: $60,000; Future Medicals - $0; Past Pain and Suffering - $150,000; Future Pain and Suffering - $60,000; Loss of Consortium - $0. After collateral source setoffs, this was reduced to $170,000—well under the amount demanded from the Plaintiff and the amount offered from the carriers. 

If you have any questions about this case or would like to refer a litigation matter, please contact our attorneys.