Florida Verdicts

Plaintiff(s):

Daniel I. Garcia (Male, 26 Years)

Plaintiff Attorney(s):

Daniel G. Williams;
Gordon & Doner, P.A.;
Palm Beach Gardens,
FL,
for
Daniel I. Garcia ■ Cassandra A. Castellano-Lombard;
Gordon & Doner, P.A.;
Davie,
FL,
for
Daniel I. Garcia

Plaintiff Expert(s):

Keith Mullenger; M.D.; Radiology; Fort Lauderdale,
FL called by:
Daniel G. Williams, Cassandra A. Castellano-Lombard ■ Steven Greenberg; M.D.; Orthopedic Surgery; Coral Springs,
FL called by:
Daniel G. Williams, Cassandra A. Castellano-Lombard

Defendant(s):

Mark A. Rance, 

X-ray Copy Service Inc.

Defense Attorney(s):

Jonathan G. Liss;
Bernstein Chackman Liss, P.A.;
Hollywood,
FL,
for
Mark A. Rance, X-ray Copy Service Inc.

Defendant Expert(s):

Neil Schechter;
Orthopedic Surgery;
Plantation,
FL called by:
Jonathan G. Liss

Insurer(s):

State Farm Insurance Cos. for Mark A. Rance and X-ray Copy Service Inc.

On July 7, 2014, plaintiff Daniel Garcia, 26, was driving a GMC Yukon sport utility vehicle west on Commercial Boulevard, in Fort Lauderdale. At the intersection with West Prospect Road, he stopped at a red light. While he was waiting to make a turn and head south onto Prospect Avenue, his vehicle was rear-ended by a 2010 Toyota Prius. He claimed injuries to his back. Garcia sued the other driver, Mark Rance, and the Toyota’s owner, X-Ray Copy Service Inc He alleged that Rance was negligent and that X-Ray Copy Service was vicariously liable for its employee’s actions. Garcia maintained that his vehicle had been fully stopped at the red traffic light at the moment of impact. Rance asserted that there was a pedestrian in the crosswalk, and Garcia had started to pull forward but suddenly stopped to avoid striking the pedestrian. Garcia denied that there was a pedestrian or that he stopped abruptly. Counsel for the defense argued that Garcia should not have started to move forward until after the intersection was clear, and that Garcia’s comparative negligence was a cause of the accident.

That night, Garcia presented to the emergency room at Broward Health Urgent Care-Coral Springs and complained of pain in his lower back. He ultimately claimed he sustained an aggravation of a herniated intervertebral disc at the L4-5 level. Several weeks later, Garcia commenced conservative treatment. For about five months, he had physical therapy and chiropractic treatment. He also had a series of epidural injections of a steroid-based painkiller to his lumbar spine at L4-5. He was recommenced for surgery after non-invasive treatments did not resolve his injuries or back pain. On Dec. 24, 2014, Garcia had a lumbar laminectomy and discectomy at L4-5. He resumed a mild course of treatment and had several follow-up visits with his treating orthopedic surgeon. At trial, Garcia testified that a prior CT scan had revealed a herniated disc at L4-5, the area he had injured in the accident. He said he had been aware of the condition, but it was asymptomatic until the trauma from the rear-ender. Garcia’s treating orthopedic surgeon testified that the lumbar-disc surgery of December 2014 was causally related to the accident and that the risk of developing degenerative disc disease or arthritis was heightened by the aggravation of the herniated disc. The defense’s orthopedic surgery expert testified that Garcia’s back surgery was unnecessary and was not causally related to the accident, but to his previously diagnosed condition.

The jury found the defendants were fully liable and awarded Garcia $254,460.68.

Daniel I. Garcia: $94,461 Personal Injury: Past Medical Cost; $120,000 Personal Injury: Future Medical Cost; $20,000 Personal Injury: Past Pain And Suffering; $20,000 Personal Injury: Future Pain And Suffering

Judge:

Sandra Perlman

Trial Length:

4
 days

Trial Deliberations:

3
 hours

Jury Vote:

6-0

Jury Composition:

3 male/ 3 female

Post Trial:

The defense filed a motion to set aside the verdict on future medical expenses and to enter a judgment in accordance with a directed verdict, a motion for remittitur and a motion for a new trial. All three motions were denied.

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.