Fifth District Court of Appeal Affirms Verdict for Brannock Humphries & Berman Client
After a jury awarded the plaintiff $3.3 million for extensive spinal injuries she sustained in a car accident, Brannock Humphries & Berman was hired to fight off her insurance company’s appeal, which raised two issues in an attempt to overturn the verdict.
The first issue involved the use of a demonstrative animation during the testimony of the plaintiff’s treating physician. The physician used the animation to better explain the complicated spinal surgery he performed on the plaintiff. Although the insurance company claimed that the animation was prejudicial, because it inflamed the jury, it showed no blood or gore and mostly focused only on a magnified model of the spine. In fact, ESPN aired a similar surgical animation on national television in 2019 to describe a gruesome injury suffered by a star college athlete. The second issue challenged the jury’s noneconomic damages award as excessive.
Brannock Humphries & Berman filed a comprehensive brief addressing procedural and substantive flaws with both of the insurance company’s arguments. The case was originally scheduled for a virtual oral argument in late June, but, viewing the issues as straightforward, the Fifth District dispensed with the argument and issued a per curiam affirmance upholding the verdict without comment. This is a complete win for the injured plaintiff and her talented Morgan & Morgan trial team.