David C. Prather, Christa McCann Secure $361,000 Jury Verdict in Contested Motor Vehicle Case Involving Minor Property Damage
Clark, Fountain, La Vista, Prather & Littky-Rubin is pleased to announce that Partner David C. Prather and Associate Christa L. McCann were successful in securing jury verdict of $361,000 on behalf of a client who suffered injuries and businesses losses in a rear-end collision accident. The verdict, which was reached at 2:00 am, was a substantial award in a case involving minor property damage.
The case involved a client who was rear-ended while making a right turn in Palm Beach Gardens. Experts agreed the collision was slow speed, and there were only minor scratches and property damage to our client’s vehicle. The defendant driver had claimed that our client stopped short.
Our client suffered injuries to her right shoulder, neck, and lower back, and claimed that the injuries prevented her from reopening a restaurant she had owned for 19 years at a new location. She received conservative treatment and several pain management injections but did not undergo surgery.
In addition to arguing that her injuries were entirely the result of pre-existing, degenerative conditions and supporting that claim with their Compulsory Medical Examiner and expert radiologist, the defense also argued that her business losses were unrelated. Prior to the incident, our client had been evaluating new locations for her restaurant, which had been out of business for 7 months but had not entered into a lease at the time of accident. Because there was also a three-year history of our client declining business before closing her restaurant in 2013, the defense argued that there was no evidence she would be able to reopen the business or that it would be successful if reopened.
A result of their efforts to dispute claims made by the defense, Attorneys Prather and McCann were successful in compelling the jury to side with our client. Following a two-week trial that ended with an 18-hour day on Good Friday, when the courthouse was closed to everyone except our trial, the jury returned a $361,000 verdict at 2:15 am! This exceeded rejected proposals of $100,000 to the defendant driver and $15,000 to the uninsured motorist insurance carrier and allows our client to seek a recovery of attorneys’ fees.
Case results such as this are indicative of the right to compensation victims have following preventable wrecks. While there was minimal property damage, and although our client received non-surgical treatment of her injuries, a significant portion of the jury verdict was awarded in recompense for her reduced earning capacity and businesses losses. Accident victims who work for a living, and especially independent business owners, can face tremendous financial losses following wrecks and injuries that keep them out of work or prevent them from performing the same type of work they once did. Personal injury claims enable victims to recover these economic damages, as well as medical expenses and damages for their emotional pain and suffering.
By taking the time to understand the full scope of how accidents and injuries impact the lives of our clients, we are able to pursue the full amount of compensation to which they are entitled, even amid aggressive disputes from defendants. These results speak volumes about attorneys who not only have a passion for helping clients secure the maximum compensation possible, but also the skills, experience, and resources to achieve just that.
For information about Clark, Fountain, La Vista, Prather & Littky-Rubin’s legal team or to discuss a potential case with an attorney, call 561-899-2100 for a free consultation.