John Sullivan · Igor Hernandez
Motor Vehicle Accident Case (Negligence)—$2,199,200.42
December 18, 2024 6:30 PM||TLU n Demand
On April 12, 2021, Kirk Allen, 33 years old, claimed he was leaving work at 7-11 on W. Hillsboro Blvd. in Broward County, Florida.According to Kirk, he left 7-11 heading east on W. Hillsboro Blvd. at which time he made a U-Turn to head in the opposite direction towards his home.While making the U-Turn, Kirk’s car suffered a complete electric failure that caused his steering wheel to lock up and his lights to turn off.His car slowed to a stop and was positioned perpendicular across the middle lane of a three-lane road.According to an independent witness, Kirk was stopped in this position for approximately 40 seconds at which time cars began travelling towards him from the east.Two cars were able to navigate around Kirk and avoid any collision, but the Defendant—traveling in the middle lane—crashed into Kirk totaling both cars.Kirk suffered a fractured pelvis and repetitive post-concussion syndrome with amnesia.
Due to the amnesia, Kirk was unable to remember anything about the crash.According to the Defendant, there was a car in the middle lane ahead of her that swerved at the last minute, and thus she was unable to see Kirk’s car until it was too late.According to her, this crash was unavoidable and there was nothing she could have done about it.
After the crash, Kirk was rushed to the Emergency Room by ambulance where he underwent surgery to repair his pelvis.Four screws were required to stabilize his pelvis, which put him in a wheelchair for several months.Thereafter, he underwent physical therapy and received an epidural steroid injection, but otherwise recovered to the point where he could return to work.
Injury Diagnosis:
- Pelvic Fractures
- Repetitive Post Concussive Syndrome / Amnesia
Course of Treatment:
- Pelvic Fixation (4 screws)
- Physical Therapy (Lower Back)
- Injections (Lower Back)
Future Treatment:
- Pain Management
- Epidural Steroid Injections / Facet Block Injections
- Physical Therapy
- Rhizotomy
Past Medical Bills:
- $191,640.42
Future Medical Bills:
- $1,336,500
History of Negotiations:
Before proceeding to trial, we made a final demand of $500,000.The defense countered with $200,000, which was essentially the value of Kirk’s past medical expenses.During trial, and prior to Kirk’s testimony, we re-extended the offer of $500,000, but the defense rejected.The jury ultimately returned a verdict of $2,199,200.42, with comparative fault assigned at 55% to the Defendant and 45% to Kirk.
Case Challenges:
- Kirk had gaps in his treatment history
- Kirk had not engaged in any of the future medical treatment his doctor said he would need
- Kirk had no memory of the crash
- Kirk claimed he was coming from work at 7-11 prior to the crash, but the defense obtained records showing he had not worked at 7-11 for more than a decade prior to the crash
- Kirk was low functioning, and testified poorly during cross-examination
- The only physical limitation Kirk testified to was that he could not run as fast anymore
- We did not have a damages witness to testify on Kirk’s behalf
- Kirk was parked sideways across the middle lane of a three-lane road at night with his lights off
- Independent witness testified there was nothing the Defendant could have done to avoid the crash.
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