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Result:
Directed verdict in favor of Defendant
Summary:
On December 2, 2002, at the intersection of NE 123rd Street and N. Bayshore Drive in North Miami, Defendant allegedly veered off the road and struck Plaintiff, a pedestrian. Plaintiff claimed that Defendant was not paying attention; he dropped something in his vehicle, reached to retrieve it, and his vehicle went off the road into a guard rail subsequently hitting Plaintiff who had pulled his truck over and gotten out of it. Defendant admitted liability, but alleged that the accident was not the legal cause of loss, injury, or damage to Plaintiff. Defendant further alleged that Plaintiff jumped over the railing, causing his injuries. The case was tried on damages only. Plaintiff requested payment for past pain and suffering, past lost wages, future medical expenses, and future pain and suffering. The court entered a directed verdict in favor of Defendant regarding loss of future earning capacity. Plaintiff requested a total award of $ 30,000, including $ 7,000 in past medical expenses and $ 616 in lost wages. Read More
