Rob Blank and Mike Forte Win Appeal Before Second DCA of Florida

10.26.18

Dorman v. Mid-State Plumbing, Inc. and Gregory Taylor, Case No. 2D17-1710 (Fla. 2d DCA Sep. 21, 2018)

Rumberger, Kirk & Caldwell attorneys Rob Blank and Mike Forte won the appeal of this case in which the Second District Court of Appeal of Florida affirmed the trial court’s denial of Plaintiff’s Motion for New Trial. Plaintiff argued 10 separate bases to attempt to convince the appellate court to reverse the trial court’s decision, but the Second District rejected all of them, quickly issuing a per curiam affirmance without an opinion.   

At the trial Plaintiff's counsel asked the jury to award Plaintiff total damages in the amount of $2.275 million.  Although the jury awarded Plaintiff $250,000 for past medical expenses and $400,000 for future medical expenses, the jury assigned 75% of fault to Plaintiff and only 25% fault to Defendant Taylor. The jury also determined Plaintiff did not meet the no fault threshold, and therefore did not award any damages for pain and suffering.  Due to Plaintiff’s comparative fault, her net verdict amounted to only $162,500 before setoffs for PIP payments and medical bill write-offs.  Defendants had served a $350,000 proposal for settlement before trial, entitling them to attorneys’ fees and costs. As a result, Plaintiff’s net verdict was reduced to $0, and judgment in favor of Defendant was entered for $138,758 . In addition to that amount, the appellate court has ordered Plaintiff to pay Defendants’ appellate attorneys’ fees. 

 
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