Verdicts- Firm Obtains Defense Verdict in Motor Vehicle Accident Case in Miami-Dade CountyAttorney David R. Evelev, of the firm's Orlando office, obtained a defense verdict for the firm's client, Southern Shuttle Services, following a three-day jury trial in May, 2009, before Judge Pedro P. Echarte, Jr. in Miami-Dade County. The Plaintiff, Ilom Bien Aime, a 25 year-old male, requested the jury compensate him $625,000 for injuries allegedly sustained in a motor vehicle accident that occurred on December 24, 2007. He claimed that an employee of Southern Shuttle Services (a franchisee of Super Shuttle), negligently operated a van when it struck his vehicle. As a result of that collision, Plaintiff claimed that the accident herniated his L5-S1 disc; caused bulges at L2-L5; and an ACL tear to his left knee. Two chiropractors, a radiologist, and a orthopedic physician testified on behalf of the Plaintiff that the alleged injuries were causally related to the accident. The Plaintiff's orthopedic expert testified that the Plaintiff's injuries required surgery, at an estimated cost of $85,000. The Defendant retained Marc Umlas, MD, chief of orthopedic surgery at Mount Sinai Medical Center, to examine the Plaintiff. He testified that the Plaintiff's injuries were unrelated and actually pre-existed the accident. The Defendant also retained James Ipser, PhD, a biomechanical enginner, to testify that the forces involved in the motor vehicle accident were equivalent to daily activities of living and insuffient to create traumatic and acute injuries. A Proposal for Settlement was served on the Plaintiff, which was rejected. The Court has entered judgment in favor of the Defendant as well as an award of attorneys fees and costs against the Plaintiff in the amount of approximately $100,000. |