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Miami Car Accident Lawyers Discuss the Recent Court Decision in Boyles v. DILLARD’S INC., Fla: Dist. Court of Appeals, 1st Dist. 2016

A July 2016 decision by the Florida Court of Appeals demonstrates why you need highly skilled, experienced, and professional attorneys representing you if you suffered personal injuries through no fault of your own.  The trial judge allowed a bio-mechanical expert to testify about the velocity change in an accident and forces applied to the human body in an accident.  That is only part of this story. The attorney’s behavior at that trial fell measurably below how an attorney should act. South Florida personal injury attorneys Greenberg, Stone, & Urbano received an AV rating from Martindale-Hubbell for their professionalism and success.

The plaintiff in the case suffered injuries when a truck traveling in the same lane of traffic as she hit her car as she turned into her driveway.  The driver of the truck claimed that she swerved, and he could not avoid her. The plaintiff claimed permanent injuries to her shoulder, neck, and back as a result of the crash. The jury returned a verdict that the defendant truck driver was not negligent in causing the accident. The plaintiff appealed the jury verdict.

The plaintiff complained that a biomechanical expert testified at trial about the change in velocity of the cars at the time of the crash and how that change in velocity effects the human body. Change in velocity is called “delta-v.” Delta means change and “v” stands for velocity.  The change in velocity causes physical forces to be applied to the body. Courts allow biomechanical experts to opine how the changes in velocity affect the severity of the impact of the vehicles.  Courts do not allow a biomechanical to testify that an accident could or could not have caused certain injuries to be permanent because they lack medical training. Biomechanical experts can, however, give an opinion as to the car crash caused the injury. The plaintiff lost this argument on appeal. The appeals court ruled that the defendant’s biomechanical expert testified properly. The appeals court reversed the case on other grounds.

Judges, jurors, litigants, and other lawyers all expect attorneys to act professionally at all times. The legal profession is a learned profession. One in which dignified men and women of all races and creeds zealously advocate for their clients. It is how the system is supposed to work. The system fails when lawyers allow themselves to behave like petulant children.  In this case, the appeals court found that the defendant’s lawyer behaved so poorly at trial that the case had to be tried again. The lawyer literally stole defeat from the jaws of victory.

The defendant’s attorney acted in a way that many people believe lawyers do act. For instance, the defendant’s lawyer accused the plaintiff of lying about making a statement when he never asked her about the statement in the first instance. The appeals court also found fault with the lawyer’s grandstanding and attempts to curry favor with the jury by insinuating that the plaintiff’s attorney was wasting time while the plaintiff’s attorney made proper objections and asked the judge for rulings consistent with the state of the law. The attorney also commented on evidence that the trial judge ruled was inadmissible. Because of the amount of errors the attorney committed, the appeals court granted a new trial.

The court also noted that the plaintiff’s attorney did not color himself in glory either.  The plaintiff’s attorney posted disparaging comments about one of the defendant’s attorneys on a public Facebook page and made inappropriate comments about biomechanical expert’s profession while in court. This behavior is also detrimental to the lawyer’s clients specifically and the profession in general.

Get True Professionals On Your Side If You Suffered Injuries In A Car Crash

If you or a loved one was injured or killed in an accident in Florida, call Greenberg, Stone, & Urbano. Martindale Hubbell gave Greenberg, Stone, & Urbano an AV-rating for a reason: they get results. With over 130 years of combined experience in litigation, Greenberg, Stone, & Urbano has the knowledge and skill to win the compensation you deserve. Call Greenberg, Stone, & Urbano, today at (888) 499-9700 or (305) 595-2400 to schedule your free consultation.

Source:

Boyles v. DILLARD’S INC., Fla: Dist. Court of Appeals, 1st Dist. 2016

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