FotoliaLaborer Rendered Unable to Work After Crash Awarded $1.74 Million
The manual laborer claimed he was unable to work again due to back and neck injuries suffered in a crash with an auto dealership employee.
January 14, 2019 at 12:57 PM
2 minute read
MOTOR VEHICLE
ST. LUCIE CIRCUIT COURT
A manual laborer whose vehicle was rear-ended by another car was awarded $1.74 million.
Richard Simmons Sr. began to slow his car in traffic when he was struck from behind by Spencer Winsman, an employee of Bev Smith of Fort Pierce II Inc., who was test driving a vehicle dropped off at the auto dealership.
The lead defendant, NSS Acquisition Corp., was dropped from the lawsuit. Due to multiple back and neck injuries alleged by Simmons after the crash, he was placed on permanent work restrictions and unable to return to his job as a produce packer. The plaintiff's vocational rehabilitation expert maintained Simmons could not be retrained for other work.
The defense disputed the presence of herniations in Simmons' spine and argued any alleged injuries were pre-existing.
Case: Simmons v. NSS Acquisition
Case No.: 2015CA001307
Plaintiffs attorneys: Jay Halpern, Ian D. Pinkert and Ernesto L. Santos Jr., Halpern Santos & Pinkert, Coral Gables
Defense attorneys: Gabriel C. Dobrin and Dayra J. Morales, Law Offices of James W. Kehoe III, Fort Lauderdale
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