Successful Resolution in $0 Initial Offer:

Two Plaintiffs Involved in a Test Drive Gone Wrong

Congratulations to Todd Romano of the Romano Law Group in West Palm Beach, Florida and Thomas Robes of Robes Law Group in Delray Beach, Florida for their recent result on behalf of two Plaintiffs in a case involving a test drive gone wrong and complications from prior injuries.  The Plaintiffs – whose names are to remain confidential, referred to here as Mr. & Mrs. Smith – were both passengers being driven by a dealership employee.  The car in question was equipped with “pre-collision stopping” technology.  Intending to demonstrate the vehicle’s automatic braking system, the dealership employee aimed the car at a convenient tree and accelerated.  Unfortunately, the employee failed to consider the loose gravel surface on which they were driving – a surface that dramatically reduced the automatic braking system’s ability to stop the vehicle.  The resulting crash inflicted multiple, significant injuries to both passengers.  The challenge in this case arose from the delayed onset of symptoms after the accident as well as the fact that the Plaintiffs, both in their sixties, had prior histories of back and neck problems.  To overcome these difficulties, the Romano Law Group made exhaustive preparations and used demonstrative evidence from MediVisuals to turn an initial offer of $0 into a successful resolution matching the Plaintiff’s pre-trial demand.

Despite later development of severe symptoms, the Plaintiffs’ complaints immediately following the accident were mostly of minor, generalized pain, with the exception of a broken nose sustained by Mrs. Smith (fortunately requiring no surgical intervention).  However, as symptoms in multiple areas worsened considerably over time, the need for surgery and additional treatment became evident.

Mrs. Smith ultimately required a two-level cervical fusion, lumbar decompression and fusion, and rotator cuff surgeries.  Mr. Smith required multiple neck and elbow injections, knee arthroscopy, and a two-level cervical fusion.  Mr. Smith also suffered from a post-traumatic stress disorder that was diagnosed following the collision.  The couple accumulated approximately $300K in owed past medical expenses and estimated future medical expenses of over $100K, although ongoing treatment was minimal or non-existent during the year leading up to case resolution.

The case was additionally complicated by the discovery of medical records forgotten by the Plaintiffs: a knee injury seven years earlier for which Mr. Smith required injections.  The defense naturally used this in their attempt to attribute the Plaintiffs’ surgeries after the accident to unrelated, prior events.  The dealership’s attorneys also attempted to foist fault for the accident onto the vehicle manufacturer, claiming that the manufacturer was negligent for failing to adequately train the dealership’s employee regarding the pre-collision stopping technology.  The defense even argued that the Plaintiffs themselves were at fault for requesting a demonstration of the braking system.

Romano Law Group
801 Spencer Drive
West Palm Beach, FL 33409
Robes Law Group
117 NE 5th Ave
Delray Beach, FL 33483
The Experts in Brain & Personal Injury Visuals