Attorneys for the Defendant:

CHRISTOPHER S. STRATTON
SACHA N. BAYCHOO

In the early morning hours of a fall day in September, a gasoline tanker truck pulled out onto State Road 52 in Pasco County, Florida, at a time when traffic was not clear.  The truck crossed multiple lanes attempting to make a U-Turn and was struck by the Plaintiff who was already established and traveling on State Road 52.  The responding police officer found that the Plaintiff had the right-of-way and was traveling within the posted 50 MPH speed limit.  The gasoline tanker truck driver was cited for Failure to Yield from a Private Road or Driveway.

The Plaintiff was immediately transported to Bayonet Point Medical Center for a head injury, traumatic brain injury, severely fractured arm, lacerations, and spinal injuries.  He underwent emergency ORIF surgery at the hospital for his arm and continued with treatment for his other injuries following his release from the hospital.

The Plaintiff incurred more than $462,000 in past medical bills and demanded $1,000,000 to settle the case.

Through diligent investigation and discovery, the Defense obtained critical evidence that Plaintiff was traveling in excess of 86 MPH at the time of the crash (as found through ACM/ECM data download from Plaintiff’s vehicle), was highly intoxicated with a .29 BAC (found through voluminous subpoenaed medical records) and was not wearing his seatbelt.  The responding police officer had not suspected alcohol use and did not investigate a DUI.

In deposition, the Plaintiff claimed he had absolutely no memory of the accident due to his traumatic brain injuries.  Through forensic imaging of the Plaintiff’s cellular phone handset, the Defense learned that he had been out partying and drinking heavily in the hours leading up to the crash.  It was also uncovered that Plaintiff deleted multiple text messages from his phone thus providing the Defendant with a possible spoliation of evidence defense.

In addition to a “Modified Comparative Fault” standard recently adopted as part of Florida’s Tort Reform, the Defendant utilized all the information gained during the investigation and discovery to demand that Plaintiff drop his case in its entirety or otherwise face Defendants’ claims for property damage, attorney’s fees, costs, and potential fraud.