FOR IMMEDIATE RELEASE

March 13, 2008

Contact: Eric W. Boyer, Esq.,
Managing Partner/Operations
Email: eboyer@qpwblaw.com
Phone: (305) 670-1101

QPWB ACHIEVES DEFENSE VERDICT IN A COMMERCIAL FLEET NEGLIGENCE MATTER

Thomas W. Caufman

TAMPA, FL – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB)trial attorneys Robert A. Santa Lucia and Thomas W. Caufman received a Defense Verdict in the vehicular negligence case of Ena Martino v. Helms Carpet Care and Arthur Aul, where the defendant driver of a business vehicle was incarcerated pending homicide charges.

On November 2, 2004, Plaintiff Ena Martino (Martino), a 50-year-old woman, claimed she suffered considerable injuries including a severe forehead laceration, permanent scarring and disfigurement, as a result of a T-bone collision due to Arthur Aul’s (Aul) negligent driving and speeding. Moreover, a liability expert retained by the plaintiffs opined fault rested entirely on Aul for his negligent operation and speeding.

According to the plaintiff’s numerous medical experts, injuries to Martino included a severe forehead laceration, closed head injury, post-traumatic stress disorder, memory loss, migraine headaches, cervical and lumbar herniated discs, TMJ dysfunction, and exacerbation of psychiatric and physical conditions.

The defense presented evidence through the use of a neurologist and extensive discovery to successfully uncover that Martino’s injuries stemmed from pre-existing conditions, and that her injuries were not causally related to the accident. An FHP Trooper also presented uncontested testimony in conflict with the plaintiff’s testimony, thereby greatly impeaching her credibility.

Unable to establish that the driver of the business vehicle was negligent in the operation of the defendant vehicle, the jury rendered a verdict for the defense.

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Quintairos, Prieto, Wood & Boyer, P.A., is a civil defense firm with a wide variety of litigation services for healthcare companies, healthcare facilities, physicians and other healthcare licensed professionals and their insurers. The firm’s Litigation Department also provides general liability defense for all businesses, insureds and insurance companies. Our practice groups and industry-based teams ensure clients have access to attorneys with the best expertise, regardless of location. QPWB maintains a tightly integrated network of seven fully staffed offices, six in Florida and one in Mississippi with attorneys licensed in several states.