Plaintiff Sandra Ritz, a 46-year-old airport baggage screen for the Transportation Security Administration, claimed that she sustained an injury as a result of a rear-end automobile collision with defendant Margot Slade, which occurred on Feb. 8, 2010, on Semoran Blvd. in Orlando, Florida. Plaintiff specifically alleged that as a result of the accident, she sustained an acute tear of the labrum of her left shoulder. Plaintiff treated on the date of accident for an abdominal contusion and began to complain of left shoulder pain two days later. Plaintiff underwent physical therapy for her left shoulder pain and came under the care of Dr. Sean McFadden of the Jewett Orthopedic Clinic. Dr. McFadden performed an arthroscopic repair of plaintiff's left shoulder labrum on June 16, 2011. Plaintiff also claimed damages resulting from her post-accident hospital care.

Plaintiff filed a negligence action against defendant on March 27, 2012, in the Circuit Court of Orange County, Florida. At trial before Judge Donald A. Myers, Jr., plaintiff''s claims included a permanent injury to her left shoulder requiring surgery, past medical expenses for her post-accident hospital care, and intangible damages for pain and suffering due to left shoulder pain prior to surgery and residual left shoulder pain following her June 16, 2011, arthroscopy. Defendant admitted negligence in causing the collision but contested causation and the nature and extent of plaintiff's damages. Dr. McFadden testified at trial that plaintiff's labral tear and ensuing arthroscopic surgery were both causally related to the Feb. 8, 2010, subject accident. Dr. George Stanley testified that plaintiff's post-accident radiology films demonstrated a probable labral tear of the left shoulder.

Defense compulsory medical examiner, Dr. Randy Schwartzberg, testified at trial that more likely than not, plaintiff's labral tear was causally related to the Feb. 8, 2010 accident, that the labral tear amounted to a permanent injury, and that all of plaintiff's post-accident medical treatment had been reasonable and necessary. Defense expert Dr. Michael Foley reviewed plaintiff's medical records and radiology films and testified at trial that plaintiff had not sustained an acute injury to the left shoulder causally related to the subject accident. According to defense counsel, defendant served a $75,000 Proposal for Settlement on Dec. 9, 2014, and plaintiff served a $150,000 Proposal for Settlement on Nov. 18, 2014. In closing, plaintiff requested approximately $220,000.

On April 7, 2016, the jury returned a verdict finding plaintiff had not sustained a permanent injury and awarding plaintiff $28,700. The court denied plaintiff's motion for new trial on July 29, 2016. Plaintiff was represented by Alex Brown and Larry Gonzalez of Morgan & Morgan, P.A. Defendant was represented by Vance Dawson and Aaron Eagan of Rissman Barrett. 

Defense counsel commented that "During trial, the defense admitted negligence for causing the subject accident and asked that the jury award plaintiff damages for past medical bills incurred by plaintiff at the hospital during the days immediately following the accident. The defense contested causation as to plaintiff's claim of having sustained an acute labral tear resulting from the accident. The defense argued at trial that plaintiff had provided an inaccurate oral history to her treating surgeon, Dr. McFadden, as well as to defendant's compulsory medical examiner, Dr. Schwartzberg, with regard to the timing of the onset of her shoulder pain and mechanism of injury. The defense argued in closing that the inaccurate oral history provided by plaintiff had undermined the causation and permanency opinions of Drs. McFadden and Schwartzberg. The court reserved jurisdiction to hear motions for attorney's fees and costs. Defendant will be entitled to a judgment of attorney's fees and costs based upon the defendant's proposal for settlement in the amount of $75,000 that plaintiff had rejected prior to trial, thus reducing plaintiff's net recovery to zero."

Lexis Advance subscribers can view the full summary here: Sandra Ritz v. Margot Slade; 2016 Jury Verdicts LEXIS 5410

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