Florida Attorneys David C. Prather & Christa McCann Secure $361,000 Verdict in Highly Contested Rear-End Collision with Minor Property Damage

WEST PALM BEACH, Fla., July 5, 2017 /PRNewswire/ -- West Palm Beach-based Personal Injury Attorneys David C. Prather and Christa McCann – Partner and Associate at Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin – recently secured a $361,000 jury verdict on behalf of a client who suffered injuries and minor property damage in a 2014 rear-end collision accident in Palm Beach Gardens. The case was aggressively contested by the at-fault driver and Geico General Insurance Company.

According to court documents, the firm's client was rear-ended while making a right turn at a speed experts agreed was just over 9 mph. There was minimal property damage to her vehicle, with only scratches as the visible indicator of a collision. The defendant alleged that the firm's client was stopped short prior to the collision.

As a result of the rear-end crash, the firm's client claimed injuries to her neck, lower back, and right shoulder. She also claimed that her injuries prevented her from reopening her restaurant, which she had previously owned for 19 years, at a new location. Prior to trial, her treatment consisted of several pain management injections, but no surgery.

The defense zealously argued several elements of the case, including that the victim's injuries were purely the result of pre-existing, degenerative conditions, a claim supported by the defense's Compulsory Medical Examiner (CME) and expert radiologist. The defense also argued against the victim's business loss.

In regard to her earning capacity, the firm's client had been looking at new locations for her restaurant prior to the accident, but had not entered into a new lease as of the time of the collision. The restaurant had been out of business for 7 months before the accident. She also had a three-year history of declining business before closing her restaurant in 2013. The defense argued that her business loss was unrelated, and that there was no evidence she would be able to reopen her restaurant or be successful if she did.

Attorneys Prather and McCann worked diligently to dispute claims made by the defense during a two week trial that concluded with an 18-hour day on Good Friday, a time when the courthouse was closed to all but the pending trial. A year before the trial, the defense had rejected a proposed settlement of $100,000 to the driver and $15,000 to the underinsured motorist carrier Geico. At 2:15 in the morning, the jury returned a $361,000 verdict. As the verdict exceeded both proposals, the firm's client will be able to seek recovery of attorneys' fees from the defendants.

David C. Prather (Partner) and Christa McCann (Associate) are experienced personal injury lawyers at the law firm of Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin. Based in West Palm Beach, the firm has recovered over $1 billion in compensation on behalf of clients throughout Palm Beach County, Florida, and the U.S. Learn more by visiting www.clarkfountain.com.

SOURCE Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin

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