Case Evaluation

Boating Accident Verdicts: Edwards v. Progressive Specialty Insurance Co.

EDWARDS vs. PROGRESSIVE SPECIALTY INSURANCE COMPANY

Verdict Date: August 3, 1994;

Result: $ 196,500 verdict

State: Florida

Facts: The plaintiff in this action, a male in his late 20s at the time of injury, alleged that the defendant driver made a left turn directly in front of his vehicle causing an intersectional collision. The defendant driver settled prior to trial for a $ 10,000 policy limit and the case proceeded against the plaintiff's underinsured motorist carrier. The plaintiff claimed to have sustained a soft tissue neck injury in the accident which triggered flashbacks to a prior Boating Accident in which he had sustained severe arm disfigurement. The defense contended that the plaintiff was comparatively negligent in causing the accident and disputed the extent and nature of the injuries claimed by the plaintiff and their causal relationship to the accident. The plaintiff testified that on September 22, 1987, the defendant driver made a left in front of his vehicle leaving insufficient time to avoid a collision. The plaintiff was involved in a Boating Accident in 1983 in which his left arm was severely lacerated by a boat propeller. The plaintiff's medical experts testified that the plaintiff sustained a cervical sprain and strain in the accident with radiculopathy into the left arm. The injuries sustained in the accident caused the plaintiff to experience "flashbacks" to the earlier Boating Accident, according to the testimony of his psychiatrist. The defendant argued that the plaintiff's "flashbacks" were related to the 1983 Boating Accident in which he sustained severe psychological injury. The plaintiff was also involved in two subsequent automobile accidents and the defendant's neurologist opined that the plaintiff's current complaints could not be causally connected to the subject collision. The jury found the defendant driver 100% negligent and awarded the plaintiff $ 196,500.

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