FOR IMMEDIATE RELEASE
November 12, 2021
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB LAWYERS DEFEND CLAIM FOR CATASTROPHIC UNDERINSURED
MOTORIST BENEFITS IN A BROWARD COUNTY JURY TRIAL
FORT LAUDERDALE, Fla. ― Quintairos, Prieto, Wood & Boyer, P.A., trial lawyers James J. McNally and Alexandra Castro, along with paralegal Peter Beckschi, prevailed in a hotly contested jury trial arising out of a claim for “catastrophic” underinsured motorist benefits. The plaintiff was injured in an automobile accident including multiple highly comminuted Colles’ fractures of the ulnar and radius of her right dominant arm and wrist. She underwent surgery including an ORIF with volar plating, screws, bone grafts. The plaintiff was left with significant scarring and claimed nerve damage and physical impairment.
The defense doctor assigned an 8% permanent impairment. Both liability for the accident and the extent of plaintiff’s damages were contested. Each side provided medical and accident reconstruction expert testimony.
The plaintiff asked the jury for a verdict of $3,167,828.00 and a finding of 100% negligence on the underinsured driver. The outcome had important consequences because the amount of damages claimed was far in excess of the policy limits, in excess of the plaintiff’s proposal for settlement and a Civil Remedy Notice was pending for a potential bad faith case.
After deliberating late until 9:00 p.m. the jury returned a verdict finding that the underinsured motorist was negligent but that the plaintiff was 90% comparatively negligent. The jury also rejected the plaintiff’s catastrophic damage claim and returned a net verdict of $9,231.74 after application of set offs. The verdict was within the policy limits and below the amount of the plaintiff’s proposal for settlement and less than the defense proposal for settlement.
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James J. McNally is a partner in the Miami office. He has 39 years of experience in civil and commercial litigation. He serves as general counsel to several national and international insurance companies and has litigated well over 200 jury trials to verdict. He has successfully represented corporate clients as lead counsel in jury and non-jury trials, arbitration and mediations in state and federal courts. He is awarded an AV/Preeminent rating from Martindale Hubbell Law Directory. McNally received his law degree in 1980 from the University of Maryland School of Law. He is licensed to practice law in Florida and Maryland and is admitted in the U.S. District Courts for the Southern, Middle and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
Alexandra Castro is an associate in the Miami office focusing on general liability, premises liability, negligent security, medical malpractice and labor and employment. She received her Juris Doctor cum laude in 2002 from Nova Southeastern University, Shepard Broad Law Center and is admitted to practice in Florida and Massachusetts.
QPWB is the largest minority and women owned law firm in the nation with more than 380 lawyers serving clients from 27 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.