Live Oak, FL – The Firm’s Personal Injury Litigation Practice recently reached a $750,000 settlement for emotional damages sustained from a rear-end crash that claimed the life of our client’s fiancée.
In July 2018, our client was waiting for oncoming traffic to pass on a rural two-lane road before making a left turn when he was unexpectedly rear ended by a pick-up truck transporting porta-potties to a nearby chicken farm operated by one of the country’s largest chicken producers. As a result of the crash, our client tragically lost his fiancée, who was a passenger in his vehicle and he suffered emotional damages as a result of witnessing her death.
Kanner & Pintaluga’s personal injury team lead by Howard Kanner, brought a cause of action for negligent infliction of emotional distress against the defendants. The defendants argued that our client was not permitted to bring such a claim, arguing that Florida law requires that for such a claim to be brought, the emotional distress must manifest in a physical injury. Trial attorney and Partner Joseph Abdallah argued that the defendant relied upon an archaic interpretation of Florida’s impact rule and that the Court must more appropriately apply the modern interpretation as set forth in the Florida Supreme Court case Willis v. Gami Golden Glades, 967 So. 2d 846 (Fla. 2007). There, the Florida Supreme Court opined that, “[i]f the plaintiff has suffered an impact, Florida courts permit recovery for emotional distress stemming from the incident during which the impact occurred, and not merely the impact itself.” Through a comparative analysis of reported cases our trial team demonstrated that our client was permitted to recover for his emotional damages despite not having a physical manifestation of his injury. Before the Court issued a ruling on the matter, the defense offered $750,000 to resolve Plaintiff’s damages.
Get What you Deserve
Kanner & Pintaluga is an aggressive, ethical, and results-driven national plaintiff firm committed to representing accident, serious injury, and property damage victims. With a team of nearly 100 attorneys, we have the experience and expertise to achieve the most favorable outcome for our clients. If we can assist you or if you’d simply like to speak to an attorney about getting the help you need, please do not hesitate to contact us. Our team is always available to discuss your rights and make certain that you and your family are protected.