Trial and Results
Attorneys for the Defendant
HERB L. UZZI
DALE R. HIGHTOWER
Plaintiff, a 10-year old girl, went with her father to the amusement park in Boca Raton, Florida, to drive the go-karts. Despite Plaintiff's young age and inexperience, her father allowed her to drive in a separate go-kart. The minor and the father were racing one another and became distracted. Plaintiff drove head-on into a barrier, suffering a broken leg. Plaintiff tried to blame a malfunction in the go-carts.
Just before trial, we filed a Motion to Limit Plaintiff's Medical Charges based on the fact her doctors voluntarily adjusted the bills which cut Plaintiff's medical damages in half. Despite such efforts, Plaintiff made a settlement demand of nearly fifteen times her medical damages. Based on our strong defenses, we took this matter to trial.
Using independent witnesses regarding the safety of the track, the mechanism of injury and state laws, we were able to secure nearly a defense verdict. Plaintiff demanded $80,000 to settle case. Defendant filed a Proposal for Settlement for $7,500.
RESULT: Net verdict to Plaintiff $790. Amusement Park asked the Court to award over $100,000 in fees and costs to them pursuant to Proposal for Settlement.