Brannock Humphries & Berman Upholds Verdict for Injured Motorcyclist
After a jury ruled in favor of a Sarasota man who was permanently and significantly injured by a driver who had been drinking, the Second District Court of Appeal rejected the driver’s arguments for a new trial and fully affirmed the judgment entered for Brannock Humphries & Berman’s client.
On his way home from his second job at a Siesta Key restaurant, Brannock Humphries & Berman’s client was struck by a turning vehicle. The impact caused him to be thrown from his motorcycle: he hit the ground, limp, and bounced before hitting the ground a second time. Witnesses found him face down, with blood pooling around his body. His injuries were life-altering, including a fractured face, numerous lacerations and tears, the loss of several teeth, and an injured foot that will eventually require his leg to be amputated.
The negligence of the driver was never at issue. Instead, the legal dispute turned on who was driving the car. The jury considered the testimony of eyewitnesses and, following a three-week trial, returned a verdict for the injured motorcyclist. The driver then appealed, raising eight issues that ranged from discovery disputes, to evidentiary rulings, to statements made during closing arguments. Brannock Humphries & Berman filed an answer brief that meticulously refuted the driver’s appellate arguments and followed the written briefing up with oral argument in late April. Soon after the argument, the Second District issued an unelaborated per curiam affirmance of the jury’s verdict.