Brannock Berman & Seider Protects Jury Verdict for Driver Seriously Injured By Uninsured Motorist

The Second District Court of Appeal per curiam affirmed a $1.85 million verdict for a driver who was permanently injured in a serious car crash at an intersection in North Port.

The injured driver suffered substantial spinal injuries, including herniated discs that eventually required surgery. Because the driver who caused the accident was uninsured, the plaintiff sought underinsured-motorist benefits from his insurer. The insurance company admitted coverage and the other driver’s negligence but disputed the extent of the plaintiff’s injuries and damages. At the five-day trial, the plaintiff presented medical evidence showing that his injuries were caused by the accident and that he continued to experience pain and limitations in his daily life and ability to work.

One of the major issues on appeal involved a psychological report prepared by a non-testifying expert, several years before the accident in connection with the plaintiff’s divorce proceedings, that the insurance company agreed pretrial was irrelevant and prejudicial. Yet during trial, the company repeatedly tried to introduce the report’s contents into evidence, which the trial court prohibited. The insurer also raised arguments about jury selection and other evidentiary rulings from trial. In an extensive answer brief and at oral argument, Brannock Berman & Seider argued for the plaintiff that the trial court acted properly and that the insurer failed to properly preserve many of its objections for appeal.

Ultimately, the Second District agreed, concluding that the trial court did not commit any reversible error in its evidentiary rulings or handling of the trial. Thus, the jury verdict and judgment for the plaintiff remained fully in place.