Lady Wins $246,670 for Tibial Plateau Fracture from Car Crash

This isn’t my case.

Lady Sues Broward County for Its Driver’s Negligence

A lady claimed that a pickup truck, owned by Broward County, negligently entered the Florida turnpike from an entrance ramp and crashed with her vehicle.

She sued the Broward County Board of County Commissioners.

Broward County Blames Her

Broward County blamed the accident on the lady’s negligence.

The lady claimed that Broward County’s driver was speeding, and she couldn’t avoid the collision.

She was 52 years old when the crash happened.

She Fractures Her Tibial Plateau

The wreck caused her tibial plateau fracture. Her orthopedic surgeon said that she will need a total knee replacement in the future.

Broward County Argues Accident Happened on Shoulder of Road, Not in Travel Lane

Broward County argued that the accident happened on the west shoulder of the Turnpike as Broward County’s driver was entering the highway and not in a travel lane, as stated by the investigating police officer.

Broward County’s accident reconstruction expert, in this regard, wasn’t allowed to testify based on a Daubert challenge (expert witness standard).

She Received Medical Treatment for 6 Months

She treated with an orthopedic doctor, Dr. Cooper, for about 6 months after the crash. He recommended surgery so that her tibial plateau fracture would heal correctly.

She decided not to have surgery due to her fear of being given anesthesia and not waking up following the surgery. She also received physical therapy.

Doctors Agree Her Injury Is Permanent

Broward County hired an orthopedic surgeon who agreed that the lady suffered a permanent injury within a reasonable degree of medical probability.

Her Doctor Says She’ll Need a Total Knee Replacement, Defense Doc Says Partial

However, he said that she will require a partial knee replacement, not a total knee replacement in the future for her injury.

Broward County Board of Comissioners hired Paul Meli, M.D. to perform an “independent medical examination” on Clements. The jury found Broward County 100% negligent.

Jury Awards Lady 246,670.00

The jury awarded the following amounts of damages:

1. Reasonable and necessary medical expenses incurred as a result of the accident:

In the past: $24,601.29
In the future: $50,000.00

2. Lost earnings in the past and loss of earning capacity in the future:

In the past: $37,499.58
In the future: $34,567.72

$100,000 of Verdict Is For Pain and Suffering

For pain and suffering, physical impairment, mental anguish, inconvenience and loss of capacity for the enjoyment of life:

In the past: $50,000.00
In the future: $50,000.00

Florida’s sovereign immunity $200,000 cap applies.

The date of the verdict was April 24, 2015. The case is being appealed. The case is Stephanie Elaine Clements vs. Luckner Duran and Board of Broward County Commissioners (CACE 13025671).