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PERSONAL INJURY TRIAL: FULL AND FAIR VALUE

2/2/2025

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In late November, 2024 I was lead counsel for the Campione Law firm in Marion County, Florida for jury trial. The case involved a late 40's male who while sitting in his work van in a driveway was rear ended by a box truck who was reversing into the same driveway to do a delivery. The property damage was very minimal. The trial was four days and involved entering a surgical estimate into evidence, but getting the jury to award for two surgeries into the future while only having one estimate. The surgeries were also recommended about two years prior to trial and the plaintiff.  
The plaintiff had received 3 diagnostic injections.  One to the cervical spine, one to the lumbar spine and one to his right shoulder. During jury selection I asked the pool whether anyone would have trouble doing the right thing by someone they did not like. The reason for the question was because the cme doctor, who had testified he did not care for the plaintiff, and at trial doubled down on that notion, also testified to an aggravation of a preexisting condition. I started the trial by reading into evidence the deposition testimony of the defense cme expert stating my client had been caused an injury, and that it was a preexisting conditions that had been aggravated. 
During closing my goal was to have the jury understand their values were the same as my clients values. They were all locals and so was my client so I pointed out the things that my client loved to do that he can no longer do and related these activities to the joys of life for a local in Marion County.  
Opposing counsel was a 30 year trial veteran with over 100 jury trials.  Obviously a tremendous Lion and expert at trial advocacy.  I was honored to obtain a verdict of $3,085,000.00 for my client.
I am particularly proud of the verdict given by the jury because prior to the plaintiff becoming my client, about 5 months before trial, he had been represented by one of the biggest firms in Florida.  That firm's 4 attorneys had asked him to accept a $175,000.00 arbitration award.  
Full and Fair Value is what a plaintiff gets at trial.  Whichever way the jury decides, justice is done by them. Personal Injury Lawyers must trust the system, the process, and respect their job as advocates for someone who is needing help. Attorneys should not pass judgment over their clients. That is the jury's job after all. 
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    Jack A. Krumbein, Esquire is the author of these blogs.  They represent general notions of law in practice. None of these blogs are specific to your case and are only published to serve for purposes of education.

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