Trucks, Auto and Cargo

Firm obtain post-verdict voluntarily dismissal with prejudice for Smithfield Packing Company!

By September 26, 2013 November 7th, 2019 No Comments

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.