FotoliaJury Awards Past Medical Costs for Rear-End Collision
The jury also rejected a claim of permanent injury from the collision in Boca Raton.
September 17, 2018 at 10:35 AM
1 minute read
The original version of this story was published on National Law Journal
MOTOR VEHICLE
PALM BEACH CIRCUIT COURT
A jury awarded damages to a driver who was rear-ended in Boca Raton.
In October 2008, Nigel DeSouza, 44, a pilot, was stopped on Glades Road at a traffic signal at Florida's Turnpike when his vehicle was struck from behind. He claimed a herniated cervical disc, which kept him from flying for over two years. The other driver, Yeinson Torres Hurtado, conceded he was negligent, and the trial focused on issues of causation and damages.
The defense argued DeSouza had neck complaints prior to the accident and did not suffer a serious harm. The jury determined Hurtado's negligence caused injury to DeSouza but not a permanent injury. DeSouza was awarded $30,890 for past medical expenses.
Case: DeSouza v. Hurtado
Case No.: 50-2010-CA-016866-XXXX-MB
Plaintiffs attorneys: Kenneth A. Cutler and Andrew J. Rader, Cutler Rader, Deerfield Beach
Defense attorneys: Barry A. Postman and Jaclyn N. Switalski, Cole, Scott & Kissane, West Palm Beach
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