Hickey Law Firm Announces $4.5 Million Verdict in Car Crash Survivor Action
MIAMI--(BUSINESS WIRE)--Nov 14, 2018--Florida’s Third District Court of Appeal on September 5, 2018 entered a PCA (per curiam affirmance) of the trial court’s order. That court on October 17, 2018 denied Defendant’s Motion for entry of an option making the PCA final. The verdict stands and the insurance company was required to pay the verdict amount plus post judgment interest, totaling $5,087,699.93
Hickey said: “This may not be the largest verdict in the world. But it is the largest verdict in the world for an 89-year-old woman who was involved in a car crash and died 4 1/2 years later of unrelated causes. The case then became a ‘survivor action’ which is for the pain and suffering of a woman who never set foot in the courtroom and whose deposition was not taken. She was brought to life in the courtroom through the photos of Maria ‘the energizer bunny’ before the crash, the medical records, and the testimony of Maria’s daughter and granddaughter. I am proud of the result and happy for my clients.”
Judge Michael Hanzman’s 41 Page order denying defendant’s post-trial motions for remittitur (asking the judge to reduce the verdict) and for new trial said:
“As one court aptly noted, deciding an amount of damages to award for pain and suffering is an “attempt to measure that which is immeasurable…” Food Fair Storesv. Morgan, 338 So. 2d 89 (Fla. 2d DCA 1976). For this reason a jury’s award of such damages should be given even greater deference. See, e.g. Berger v. Philip Morris USA, 2016 WL 2620134, fn. 2 (M.D. Fla. May 5, 2016) (“where damages for pain and suffering are involved” court should be “deferential to ‘the enlightened conscience of the jury’ because these kinds of damages are ‘even further removed from exact calculation and certain measurement.’”).”
Jack Hickey represented defendants for 17 years; for 20 years he has represented only people with life changing injuries; Past President of the Dade County Bar Association; Currently: Board of Governors of The Florida Bar, Board of Directors of the Florida Justice Association, and Board of Trustees of the American Association for Justice; Double Board Certified in Civil Trial and Admiralty and Maritime Law; Recognized by The Best Lawyers in America in the areas of Admiralty and Maritime and Personal Injury – Plaintiffs.
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Kimberly Busch, 970-239-1453
KEYWORD: UNITED STATES NORTH AMERICA FLORIDA
INDUSTRY KEYWORD: PROFESSIONAL SERVICES LEGAL
SOURCE: Hickey Law Firm
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PUB: 11/14/2018 07:00 AM/DISC: 11/14/2018 07:01 AM