


The Plaintiff sued long time firm client Smithfield Packing and its delivery driver for personal injuries resulting from an accident in which a Smithfield box truck pulled out in front of Plaintiff’s vehicle. As a result of the accident, Plaintiff claimed she underwent a two level cervical fusion and required future neck surgeries due to adjacent segment disc disease. Overall Plaintiff claimed past medical specials of over $150,000 and future medical specials of at least another $150,000. Following a five day jury trial, the Hillsborough County Jury returned a liability verdict in favor of Plaintiff but assessed Plaintiff with 90% comparative negligence. The jury awarded $150,000 in total damages. Because Smithfield had previously made a proposal for settlement to Plaintiff of $65,000, Plaintiff owed Defendant’s attorneys fees under Section 768.79, Fla. Stat. and Fla. R. Civ. P. 1.442. As a result, Plaintiff voluntarily Dismissed her lawsuit, with prejudice, immediately after the jury’s verdict.