$______ VERDICT - INSURANCE OBLIGATION - UNDERINSURED DRIVER - INTERSECTION COLLISION - DISC HERNIATIONS AT L4-5 AND L5-S1 WITH RADICULOPATHY - RIGHT HIP INJURY - MEDIAL BRANCH BLOCKS; EPIDURAL STEROID INJECTIONS - 2 RHIZOTOMIES - EXTENSIVE EVIDENCE OF NEED FOR FUTURE SURGERIES AND SPINAL CORD STIMULATOR.

• Pages: 4-5

The evidence established that the defendant water

sports company used its buoys to form a “vessel corri-

dor” for its vessels, including wave runner rentals, to travel

back and forth to the beach. The two buoys in question,

which were set equal distance from the shoreline, were

also used to demarcate the distance from shore at

which the wave runners could accelerate above idle

speed, according to the defense. The plaintiff was able

to show, using the boater’s GPS data, that on the date

of the incident the buoys (which were near where the

collision occurred) were closer to shore than local ordi-

nances permitted boaters to travel at above idle speed.

Following the collision, the decedent was airlifted to a

hospital but succumbed to his injuries a few hours after

arrival. He was employed as a business executive and

survived by his wife. The decedent’s wife was at the

beach with him and witnessed the collision.

The plaintiff claimed medical damages of $122,558

and total economic damages in the range of

$2,434,694 to $3,474,996 including loss of support, loss

of services and loss of net accumulations to the estate.

Prior to any lawsuit being filed, the case settled against

the boater for $500,000 which was the entirety of his

available insurance policy limits. A lawsuit was then filed

against the defendant water sports company which set-

tled (with confidentiality as to its identity) for $3,250,000,

for a total recovery of $3,750,000.

REFERENCE

Estate of John Doe vs. ABC Company. Case no. n/a;

Judge n/a, 10-29-21.

Attorneys for plaintiff: Michael A. Haggard and Pedro

P. Echarte, III, of The Haggard Law Firm in Coral

Gables, FL.

COMMENTARY

Plaintiff’s counsel was able to maximize recovery in this tragic

wrongful death action by settling with the striking boater for avail-

able policy limits and then filing suit against a water sports com-

pany which set the buoys near the accident site.

The plaintiff contended that the presence of the buoys, coupled

with the fact that the defendant water sports company’s customers

routinely accelerated as they passed the buoys, confused the strik-

ing boater and drew him closer to shore than he otherwise would

have been. The plaintiff also discovered damaging evidence that

the buoys were closer to shore than local ordinances permitted

boaters to travel at above idle speed. Thus, the plaintiff successfully

established that buoys were a substantial factor in causing the

striking boater to enter into the public area where the decedent

was swimming, thereby resulting in the fatal collision.

$1,625,000 VERDICT – INSURANCE OBLIGATION – UNDERINSURED DRIVER –

INTERSECTION COLLISION – DISC HERNIATIONS AT L4-5 AND L5-S1 WITH

RADICULOPATHY – RIGHT HIP INJURY – MEDIAL BRANCH BLOCKS; EPIDURAL

STEROID INJECTIONS – 2 RHIZOTOMIES – EXTENSIVE EVIDENCE OF NEED FOR

FUTURE SURGERIES AND SPINAL CORD STIMULATOR.

Palm Beach County, FL

This case involved an uninsured motorist claim by

the plaintiff insured against the defendant insurer

arising from an automobile accident in which the

plaintiff claimed to have sustained permanent

injuries. The tortfeasor driver was underinsured

and the plaintiff brought this claim against the

defendant carrier of her underinsured motorist

policy. The defendant stipulated that the

tortfeasor driver was negligent but denied that the

plaintiff was permanently injured as a result of

the accident.

On August 1, 2018, the plaintiff was traveling westbound

on Indiantown Road approaching the intersection with

the Florida Turnpike access road in Jupiter. The tortfeasor

was driving eastbound on Indiantown Road when he at-

tempted a left turn into the Florida Turnpike access road

and collided with the plaintiff’s vehicle. The plaintiff al-

leged that the force of the impact resulted in

permanent injuries.

As a result of the collision, the plaintiff sustained injuries to

2 different areas of the lumbar spine, with herniations at

L4-5 and L5-S1 with radiculopathy; and 2 different areas

of her right hip. The plaintiff underwent medial branch

blocks which were ineffective; epidural steroid injections;

and ultimately 2 rhizotomies, with another scheduled at

the time of trial. The plaintiff presented evidence of the

need for future treatment including potential

microsurgical decompression or possible fusion surgery.

The plaintiff also presented testimony that she may be a

candidate for a spinal cord stimulator if she to be

deemed not to be a surgical candidate. The defendant

argued that the plaintiff received extensive treatment

and recovered, or should have recovered from any

injuries sustained in the collision.

The jury found in favor of the plaintiff and awarded dam-

ages in the amount of $1,625,000 broken down as fol-

lows: $250,000 in future medical expenses; $350,000 in

past pain and suffering and $1,025,000 in future pain

and suffering.

REFERENCE

Blankenhorn vs. USAA General Indemnity Company.

Case no. 2019CA002988; Judge Bradley Harper, 12-16-

21.

Attorney for plaintiff: Jack P. Hill of Searcy Denney

Scarola Barnhart & Shipley, P.A. in West Palm Beach,

FL. Attorney for defendant: Harlan Gladstein of Law

Offices of Robert D. Tetreault in Plantation, FL.

4FEATURED CASES

Volume 32, Issue 4, April 2022 Subscribe Now