Vol. 56 No. 3

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Negligent operation of vehicle

March 2020

Mary Mitchell, 62, was riding her bicycle in a crosswalk at an intersection. Steven Anderson pulled out of a supermarket lot, drove through the intersection, and struck Mitchell, causing her to suffer a fractured right hip and wrist. Mitchell had surgery on her wrist and hip and later required physical therapy.

Several years after the incident, she was diagnosed as having bursitis in her right hip resulting from the impingement of a surgical screw onto a bursa. Her injuries limit her physical activities, including her ability to walk, garden, and play the piano. Her medical expenses totaled approximately $108,600.

Mitchell sued Anderson, alleging negligent operation of his vehicle. The jury awarded more than $2.18 million.

Citation: Mitchell v. Anderson, No. 18-CA-001085 (Fla. Cir. Ct. Lee Cty. July 31, 2019).

Plaintiff counsel: Zane Berg, AAJ member Cristina Sabbagh, and AAJ member Bryan Hofeld, all of Fort Lauderdale, Fla.

Plaintiff experts: Oscar Padron, economics, Miami Lakes, Fla.; Susan McKenzie, life care planning, West Palm Beach, Fla.; and Francesca Swartz, orthopedic surgery, Fort Myers, Fla.

Defense expert: Mark Hutchinson, orthopedic surgery, Chicago.