Marion County

(25) TAMMY S. KIMBALL vs. SAUL A. FLORES-CERRUD

 

County/Docket #/Judge: Marion / 42-2007-CA-000561 / Jack W. Singbush

 

Plaintiff(s) Attorney(s): Brian T. Wilson and Anthony Sos of Dellecker, Wilson, et al., Orlando

 

Defendant(s) Attorney(s): Gary W. Nicholson, Tampa

 

Age/Sex/Occupation Of Plaintiff: n/a / F / Clerical

 

Cause Of Injury: Motor Vehicle Accident/Running Stop Sign. Defendant was the operator of a vehicle traveling northbound on County Road 452 approaching its intersection with County Road 42 on January 13, 2007, when his vehicle collided with a vehicle in which Plaintiff was the front seat passenger. Plaintiff alleged that Defendant failed to stop at the stop sign, causing Defendant’s front left bumper fender area to strike the passenger side, front tire section of Plaintiff’s vehicle.

 

Nature Of Injury: Right humerus fracture; right comminuted femur fracture; open left ankle fracture dislocation; tibial plateau fracture; subdural hematoma; cervical fracture. Dr. Stanley Kupiszewski, Dr. John Promes, and Dr. Craig Lichtblau were treating physicians.

 

Expert Witnesses:

 

Plaintiff's:

Stanley Kupiszewski, M.D., Orthopedic Surgery, Orlando (video depo)

John T. Promes, M.D., Critical Care, Orlando

Craig Lichtblau, M.D., Physical Medicine & Rehabilitation, N. Palm Beach

Anthony Gamboa, Jr., Ph.D., Economist, Miami

Mariusz Ziejewski, Ph.D., Biomechanical Engineer, Fargo, ND

 

Defendant's:

G. Bryant Buchner, Accident Reconstruction, Tallahassee

Michael Shahnasarian, Ph.D., Vocational Rehabilitation, Tampa

Thomas Curtis, Ph.D., Economist, Tampa

 

Verdict: $2,698,693.96 for Plaintiff on December 19, 2008 ($189,574.96 – past medical expenses and lost earnings; $1,009,119 – present value for future medical expenses and lost earnings; $500,000 – past pain and suffering; $1,000,000 – future pain and suffering).

 

Judgment: $2,659,357.42 for Plaintiff (after set-offs).

 

Editor's Note: This was a five-day trial. The jury was composed of three males and three females. The jury deliberated one hour and forty-nine minutes.