Gomez v. Delgado
Oct 09, 2014OUTCOME: Plaintiff Verdict ($95,000.00)
JURY VERDICT SUMMARY BY VERDICTSEARCH -- Plaintiff: Vehicle accident caused injuries Amount: $95,000 Type: Verdict-Plaintiff State: Florida Venue: Palm Beach County Court: Palm Beac ... h County Circuit Court, 15th Injury Type(s): back-herniated disc(herniated disc at L5-S1); lumbar(herniated disc at L5-S1) neck-herniated disc(herniated disc at C2-3); cervical(herniated disc at C2-3) other-back and neck other-epidural injections shoulder-rotator cuff; injury (tear) surgeries/treatment-arthroscopy Case Type: Motor Vehicle - Multiple Vehicle, Underinsured Motorist Case Name: Maryana Gomez v. 21st Century Centennial Insurance Company and Eduardo Delgado, No. 50-13-CA-2105 Date: October 8, 2014 Parties Plaintiff(s): Maryana Gomez Plaintiff Attorney(s): Michael J. Brevda; Domnick & Shevin, P.L.; Palm Beach Gardens, FL, for Maryana Gomez ________________________________________ Defendant(s): Eduardo Delgado, 21st Century Centennial Insurance Company. Defense Attorney(s): Edward W. Malavenda; Law Office of Nicholas J. Ryan & Associates; Fort Lauderdale, FL, for Eduardo Delgado Julio L. Diaz Jr.; Law Offices of Sanabria Llorente & Associates; Plantation, FL, for 21st Century Centennial Insurance Company. Facts: On May, 10, 2012, plaintiff Maryana Gomez was driving her sedan on a street in West Palm Beach when she was hit by Delgado's truck. Gomez claimed right shoulder, neck and back injuries. Gomez sued Delgado claiming he was negligent in the operation of his vehicle. Delgado conceded negligence but was underinsured. Gomez initiated an underinsured/uninsured motorist claim against her own insurance carrier, 21st Century Centennial Insurance Company, seeking benefits. Injury: Gomez claimed disc herniations at C2-3 and L5-S1; and a rotator cuff tear of the right dominant arm. She underwent arthroscopic surgery to repair rotator cuff tear. Gomez received three epidural injections to address neck and back claims. Gomez claimed limitations in performing daily activities. The defense argued that Gomez's injuries were not caused by the accident and any claimed injuries were pre-existing. The defense claimed Gomez had no inuries at the scene of the accident. Result: The jury found that negligence on the part of defendant Eduardo Delgado was a legal cause of Plaintiff's injuries. The jury found the plaintiff did not sustain a permanent injury. The jury determined the plaintiff's damages totaled $95,000. Trial Length: 4 days Trial Deliberations: 2 hours