(Case No.: 05-18857 CA 01 Judge: Scott Silverman Date: 09/05/2008)

AUTOMOBILE ACCIDENT:  Automobile negligence lawsuit stems from a sideswipe type accident that occurred on May 16, 2005 on Interstate 95 near the 69th Street exit in Miami Dade County, Florida.  Gerardo Perez Cabrera, a truck driver for Denana Transport, Inc., was operating a tractor truck on the northbound lanes of interstate I-95 when he changed lanes to the right thereby impacting the driver’s side, rear quarter panel of the vehicle April Chavez was driving.  As a result of said impact, Ms. Chavez’s vehicle spun around 180 degrees and stopped facing oncoming traffic.  Ms. Chavez’s vehicle sustained only $830 worth of damage.  Emergency Medical Services, who arrived at the scene shortly following the subject accident, performed a check-up of Ms. Chavez and determined that further medical treatment was not necessary.  Thereafter, Ms. Chavez was able to drive her vehicle home.

Ms. Chavez was diagnosed with multiple sclerosis roughly seven months after the auto accident.  She claimed that the emotional trauma she suffered as a result of the subject accident caused an activation or aggravation of an otherwise latent condition.  Ms. Chavez’s treating neurologist and expert, Dr. Brian Steingo, testified at deposition that in order to make the link between a traumatic event and the activation of MS. Dr. Stiengo further testified that if a patient did not show signs or symptoms of MS within three months after the traumatic event, then the traumatic event cannot be the cause of the activation of MS.

At trial, Dr. Stiengo stated that time limitations he outlined at deposition did not apply because Ms. Chavez had ongoing medical treatment for soft-tissue injuries (neck and back sprains) which created a “smoldering stress” to Ms. Chavez which ultimately brought out her multiple sclerosis.  Defense neurological expert, Dr. Michael Aptman, testified that emotional stress cannot cause an activation or aggravation of MS.  Dr. Aptman further testified that even if you take Ms. Chavez’s theory as true, the symptoms of MS did not appear within the timeframe proscribed. The defendants were able to show through the use of previous medical records and MRI scans that the demyelinating process associated with MS began in 2003, prior to the subject accident.

April Chavez sought economic damages from the jury as follows: $120,000 for past medical costs and $1,900,000 for future medical costs and care.  She sought non-economic damages in the amount of $20,000,000 for pain and suffering.

Proposal for Settlement to Defendant: $599,000
Offer: $100,000 (informal offer), also offered willingness to enter into a high/low agreement.

Result:  A jury returned a pure defense verdict.  Specifically, the jury found that the negligence or alleged negligence of Mr. Cabrera was not the legal cause of the damage to April Chavez.