Tampa Jury Awards $5.2 Million to Woman After Car Crash Leads to Emergency Spinal Surgery
A Tampa state court jury awarded a $5.2 million verdict to a woman who suffered irreversible damages in a car crash. Plaintiff's strategy? Her attorneys told jurors: "Use your common sense."
November 13, 2024 at 03:49 PM
3 minute read
Personal InjuryA Tampa state court jury awarded a $5.2 million verdict to a woman who suffered irreversible damages in a car crash.
The plaintiff, Angela Karpinski, was represented by Ryan Sainz, Eric S. Block, and Patrick Chucri of Morgan & Morgan, who said usually, surgeries are not performed until years after an injury, after conservative treatment measures. In this case, the plaintiff underwent a two-level fusion just 52 days after the crash.
“The defense argued that her condition had nothing to do with the crash, despite there being no prior indication in her life that she needed neck surgery,” Block said.
The defense counsel, James Embrey of Gordon Rees Scully Mansukhani, did not respond to a request for comment.
In this case, Karpinski was on her way to get dessert after a workout session when she was rear-ended, according to court records. The airbags deployed and the 54-year-old woman did not suffer immediate injuries. For about 30 days after the crash, she experienced brain fog and confusion.
However, she didn’t exhibit severe injuries typically seen in car crashes. After 32 days, she began feeling pain between her shoulders and decided to see an orthopedic surgeon, not expecting the findings, court records show. The surgeon ordered an MRI of her neck for the first time in her life, revealing several herniated discs, one of which was pressing on her spinal cord.
The doctor informed the plaintiff that she needed emergency surgery because even a minor misstep could have left her paralyzed for life, according to court documents. “The defense argued that shortly after the crash, she told some people she was okay and asked the jury to award her nothing,” Block said.
Block explained that the defendants had an expert who claimed that the disc herniations in her neck were pre-existing but conceded they were aggravated by the crash. He could not determine how much of the condition existed before the crash versus after it.
“Under Florida law, if a jury cannot distinguish between the damages existing before a crash and those aggravated by it, they must award damages for the entire condition, which is what we asked them to do,” Block recalled.
Block, the lead attorney throughout the litigation, said his team encouraged jurors to use their better judgment.
“Our strategy was simple: use your common sense," Block said. "Before the crash, she was fine. Now, she’s going to suffer for the rest of her life.”
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