Auto Accidents

Melbourne Woman & Son Settle Auto Death Suit $3M - Automobile Accident/Wrongful Death

In September 1994, our forty-eight-year-old client was returning from a vacation on Sanibel Island with his wife and their five-year-old son, when a logging truck -- overloaded by 6,000 pounds -- caused a terrible accident.

The logging truck hit a dairy truck, which was forced into their car. Our client tried to pull over and get out of the way, but the dairy truck was forced into his car, killing him instantly. Fortunately, the wife and child were spared, but as Jim Nance says: "Because of their negligence, this family lost a husband and a father."

The logging truck, belonging to Action Nursery Products, INC., was found to have 23 defects, 11 of which would have kept it off the highway, according to the Florida Highway Patrol.

Jim Nance says, "This was an instance of gross negligence. The driver of the truck had called his company that day to advise them he was having trouble with the brakes of the truck. Although they told him to drive slowly, he was going 70 miles an hour when he struck the truck."

James Nance, senior partner at Nance, Cacciatore & Hamilton, represented Mrs. McAuliffe and negotiated a settlement agreement that will pay in excess of $3 million.

Seven Surgeries to Leg

$3M - Automobile Accident

Just one day before the scheduled court date, Jack Hamilton of NC&H was able to reach a $3 million settlement for our client, who suffered permanent injuries as a result of a car accident on November 3, 2000.

She had just picked up her daughter from day care and was driving southbound on U.S. 1 when a car crossed the median and smashed into her vehicle head-on. It took the Jaws of Life and several firefighters to free her from her car. Her daughter was physically unharmed, but is still, to this day, traumatized by memories of the accident.

As for our client, who was just on the brink of becoming a court reporter, she will have to live with constant pain for the rest of her life. When the accident first occurred, doctors wanted to amputate her right leg because of the extensive damage. She refused, and opted for heavy doses of medication and a year-and-a-half of rehabilitative therapy instead.

Seven surgeries and two years later, she still isn't finished with her medical treatments.

To this day she walks with a limp and there is always the possibility she can still lose her leg, but the way that Jack Hamilton was able to structure her settlement of $3 million, our client will get benefits for the rest of her life.

Automobile accident resulted in the death of a woman $1.7M - Automobile Collision

In June of 1997, Nance Cacciatore secured a $1.7 million settlement on behalf of the husband and children of a woman killed as a result of an automobile accident in Ft. Myers, Florida. The at-fault driver was operating a leased vehicle and his automobile insurance coverage had been canceled. This case was instrumental in a change in the law that later required long- term vehicle lessors to carry a combined property damage and bodily injury liability insurance coverage in the amount of $1 million or more.

Police officer killed by drunken driver $1.5M - Automobile Collision

On May 31, 1992 the decedent, a Satellite Beach police officer, had made a routine stop of a motor vehicle along Highway A1A in Satellite Beach. While working a routine traffic stop, the on-duty police officer was killed when a drunk driver rear-ended his motor vehicle that was stopped along the side of the road.

James H. Nance and Chip Barger represented the mother and father of the deceased, a 22 year-old police officer, in a wrongful death action against the drunk driver and obtained a $1.5 million verdict at trial for their clients.

Man killed by drunken driver $1M - Automobile Collision

In 1984, Nance Cacciatore obtained a $1 million settlement on behalf of the widow of a man killed by a drunken driver.

Police chase resulted in death $750K - Automobile Collision

In October of 1980, Nance Cacciatore obtained a $750,000.00 verdict against Indian River County for negligence in a police chase where the person being chased ran into a married secretary's car resulting in her death.

One car accident resulting in partially paralyzed lady

$750K - Automobile Accident

In June of 1992, Nance Cacciatore obtained a $750,000.00 settlement for a young lady who was partially paralyzed as a result of a one car accident occurring on Grant Road. The client was a passenger and there were 5 different defendants.

Woman causes head-on collision with Plaintiff's van $737K - Automobile Collision

On August 30, 2001, the Plaintiff was stopped southbound on US Highway 1 in Melbourne, Florida, awaiting a turn signal. The Defendant was traveling northbound and negligently swerved into the northbound lane of a large landscaping truck forcing that vehicle to shift into the southbound lanes and crash head on into the Plaintiff's Fed Ex van. It took approximately thirty-five minutes to extricate the Plaintiff from her vehicle.

The Plaintiff sustained lacerations to her nose and face that were repaired plastic surgically. Plaintiff also sustained an aggravated injury to her pre-existing neck and back problems. He treating orthopaedic surgeon testified that this 2001 accident was the cause of the "substantial" herniated disc that was revealed on her lumbar MRI scan. Plaintiff also sustained bruises and lacerations to her knees. The Plaintiff's most significant complaints were/are the bilateral, chronic ankle sprain/strains that she experienced in this accident.

The defense medical expert testified that she had not sustained a permanent injury and further testified that he found no reason for her not to return to work full-duty. The Plaintiff's treating physicians testified that she had sustained permanent injury and that she should pursue a more sedentary occupation because of her back and bilateral ankle injuries.

On July 14, 2008, James N. Nance and Sammy M. Cacciatore obtained a $737,479 verdict at trial for the Plaintiff. The Plaintiff had filed a Proposal for Settlement in August of 2004 for the sum of $199,999.99. Post-trial motions for attorney's fees and costs were filed.

Automobile accident causes fatality $563K - Automobile Collision

In 1977, Nance Cacciatore obtained a $563,000.00 verdict in an automobile accident case that resulted in the death of a father and injuries to his son.

Case settles on second day of trial

$545K - Automobile Accident

On December 23, 1999, The Plaintiffs were in their car traveling northbound on John Rodes Boulevard in Melbourne when they were struck by defendant, traveling in the opposite direction as he attempted to make a left hand turn onto Dow Road. The defendant's actions resulted in an angular, head-on collision with the plaintiff's car.

One plaintiff sustained a right knee dashboard injury resulting in petellofemoral pain syndrome, maltracting, and damage to the condylar tissue of the right knee. In addition, he sustained a stress fracture of the second metatarsal of the right foot, as well as bilateral shoulder injuries, including impingement syndrome regarding the left shoulder.

The other plaintiff sustained a compression fracture of one of the vertebral bodies in her low back.

Charles G. Barger, Jr., and Sammy M. Cacciatore settled these cases collectively for $545,000 on the second day of the trial.

Woman Receives Settlement From Car Wreck

$500K - Automobile Collision

On April 8, 2002, the Plaintiff was injured in a serious motor vehicle collision at the intersection of Sarno Road and Eau Gallie Blvd. in Brevard County, FL. At that time, a car owned by Bob Steele Chevrolet, Inc., ran the red light and stuck the Plaintiff vehicle in her driver's side door.

The collision caused a separation of her right elbow and a fracture of her pelvis. She subsequently underwent surgery to repair the fracture of the pelvic ring and following that received a series of steroidal injections. The Plaintiff who is in her 60's will have pain and discomfort for the rest of her life due to these injuries.

The Plaintiff was represented by Attorney Jack Hamilton and her case was resolved at a mediation conference on August 2, 2005 for $500,000.00.

Mild Traumatic Brain Injury

$425K - Automobile Accident

The Plaintiff was the passenger in a small pickup truck that was rear-ended by a flatbed truck owned by Scotty's, and driven by a Scotty's employee. The impact from the Scotty's truck forced the small pickup truck in which the Plaintiff was a passenger into the Jeep Cherokee in front of them.

The Plaintiff suffered a mild traumatic brain injury as a result of this accident.

NC&H's Sam Cacciatore and S. Sammy Cacciatore settled the Plaintiff's case for $425,000, after both the plaintiff and defendant rested, and immediately before the case was presented to a jury.

Local Attorney Injured in Accident $425K - Automobile Collision

A Brevard County attorney was injured on August 1, 2000, when he was rear ended at the stop light in front of Patrick Air Force Base Officer's Club by a tow truck owned by West Melbourne Chevron.

The plaintiff suffered an aggravation of pre-existing back and neck injuries which ultimately resulted in a cervical discectomy and fusion at two levels performed by orthopedic surgeon. Fortunately, the plaintiff is still able to practice law and has made a good recovery. There is still the possibility that he may require low back surgery at some time in the future.

The plaintiff was represented by Attorney Jack Hamilton and the case was settled at a mediation conference on July 27, 2005, for $425,000 dollars.

Permanent Lower Body Injuries 

$390K - Automobile Accident

The plaintiff was struck by a Budget Rent-A-Car van rented and operated by Edward Curtain. Mr. Curtain mistakenly placed the van in reverse, thus crushing the plaintiff's legs and pinning him between the rear bumper of the van and a loading dock.

Budget Rent-A-Car Systems owned the vehicle driven by Mr. Curtain. They claimed that its liability under the dangerous instrumentality doctrine was limited pursuant to Florida statutes, section 324.021.

The plaintiff incurred bilateral crush injuries to his lower extremities. He sustained a right supracondylar femur fracture with grade II lateral collateral ligament tear, and a displaced left tibia plateau fracture with lateral collateral ligament tear. He underwent right intramedullary femoral rod implantation, an open reduction internal fixation of the tibia plateau, and reconstruction of the lateral collateral ligament of the left knee. Following surgery, the plaintiff was left with a 2-inch leg length discrepancy.

Charles G. Barger, Jr., settled the case for $390,000. Budget was responsible for $260,000 and Edward Curtain tendered his policy limits of $100,000. In addition to the above, the plaintiff collected $30,000 underinsured motorist policy limits from Allstate Insurance Company.

Plaintiff rear-ended by Defendant Causing Injuries

$354K - Automobile Accident

On April 18, 2006, Plaintiff was traveling northbound on Babcock Street in Melbourne when another vehicle traveling south on Babcock Street made a left hand turn at Florida Avenue, causing the vehicle to collide with Plaintiff's vehicle. The other vehicle was cited for violation of right-of-way. Liability was not an issue in this case.

The Plaintiff sustained a cervical and lumbar injury requiring a two level cervical fusion. Plaintiff's treating physicians alleged that the Plaintiff will require future surgery. Defendant alleged that no future treatment is necessary.

On June 12, 2008, John N. Hamilton and Sam M. Cacciatore obtained a $354,632.67 verdict at trial for the Plaintiffs. Plaintiffs would have originally settled for the $25,000 policy limits.

$330K - Automobile Accident

On May 16, 1997, on Malabar Road near its intersection with I-95 in Palm Bay, Plaintiff while driving in traffic was rear-ended by Defendant Fischer forcing her vehicle to strike the vehicle directly in front of her. Defendant was charged with careless driving.

Plaintiff is a diabetic. Following this accident, she complained of neck and back pain in addition to right knee pain. Ultimately, she had arthroscopic surgery performed on her knee as well as a bilateral carpal tunnel procedure. Plaintiff also developed State I Reflex Sympathetic Dystrophy (RSD) in her left hand following one of her surgeries. She was diagnosed as suffering from chronic pain syndrome and was referred to an outpatient pain clinic for multi-disciplinarian care. She never returned to work following this accident. Defendant's experts attributed some of Plaintiff's medical problems to her pre-existing diabetes and also opined that her carpal tunnel syndrome and RSD were not accident related.

Jamie Nance secured a settled of $330,000 for this deserving client.

Settlement for permanent knee injuries

$300K - Automobile Accident

On September 2, 2000, the plaintiff, a 58-year-old engineer, was traveling southbound on South Patrick Drive in Indian Harbor Beach, Florida when the Defendant attempted to turn left in front of him from the northbound lane of South Patrick Drive. This caused the plaintiff to have an angular head-on collision with the defendant.

The plaintiffs underinsured motorist carrier, Allstate Insurance Company, unsuccessfully argued, among other things, that the plaintiff could not have been wearing his seatbelt, as his knees struck the dashboard of the vehicle.

As a result of this wreck, the plaintiff's knees were forced into the dashboard resulting in bilateral knee injuries. He was diagnosed with bilateral knee contusions, bilateral patellofemoral pain syndrome with maltracting and iliotibal band syndrome as well as bilateral meniscus tears of the left knee. In addition, the plaintiff sustained a low back injury resulting in spondylolisthesis at L4-5.

This case was settled by Charles G. Barger, Jr. for $300,000.00.

Additionally, the Plaintiff previously collected $100,000.00 bodily injury liability policy limits carried by the Defendant. The Plaintiff carried underinsured motorist coverage to the extent of $250,000.00, as well. He carried PIP and medical payments coverage totaling $35,000.00. The Defendant paid an additional $50,000.00 above available underinsured policy limits in light of an expired proposal for settlement filed by the Plaintiff as well as a potential bad faith claim.

Plaintiff Requires Surgery Following Car Accident

$300K - Automobile Collision

This accident occurred when the defendant driver attempted to make a left turn and pulled into the path of the Plaintiff's vehicle violating right of way.

The Plaintiff sustained a herniated disc with spinal impingement as a result of the accident. After a course of conservative treatment, including physical therapy and massage therapy, she ultimately underwent an anterior cervical diskectomy and interbody fusion at C5-6.

Jamie Nance settled this case pre-suit on July 29, 2004 for $300,000.00.

Settlement for Permanent Neck Injuries

$275K - Automobile Collision

On August 21, 1999 the Plaintiff, a 55 year old Kennedy Space Center employee, was attempting to make a left turn from Fiske Boulevard in Rockledge onto St. Andrews Boulevard when a careless driver ran a red light and collided with the left front of the Plaintiff's vehicle. As a result of this impact, the Plaintiff sustained disc injuries to her neck. These injuries required a one-level anterior cervical discectomy and fusion to be performed.

At the time of the wreck only $60,000 of bodily injury liability insurance coverage existed to cover the damages caused by the careless driver. In addition, the Plaintiff carried an additional $10,000 of underinsured motorist coverage through GEICO Insurance Company, who was also named as a Defendant in the suit. Both the insurance carriers for the negligent driver and the underinsured motorist carrier failed to tender their policy limits denying liability and disputing both the causation and the amount of damages.

Just prior to trial, Chip Barger reached settlement with the Defendants in this case for an amount in excess of the insurance coverage. The case settled for $275,000, $150,000 of which was paid by the insurance carriers of the negligent driver and $125,000 of which was paid by GEICO Insurance Company, the underinsured motorist carrier.

Plaintiff Develops RSD following a car accident

$200K - Automobile Collision

On December 16, 1994, the plaintiff was traveling eastbound on Eau Gallie Boulevard, when she was hit on the passenger side of her vehicle by the underinsured, original defendant, Dolores Andrade. The original defendant admitted that she did not see the plaintiff's automobile and violated her right of way. The original defendant maintained $100,000.00 in liability coverage with State Farm.

Approximately six months before the automobile accident, the Plaintiff slipped and essentially sat down on her left ankle. Shortly thereafter, an orthopedist performed an open reduction, internal fixation requiring the insertion of a screw on the inside of the injured ankle and a plate on the lateral side of the ankle. Roughly six weeks before the automobile accident, she was shopping in a grocery store when a child rammed a beginner's shopping cart into the outer aspect of the affected ankle causing the plaintiff significant pain. However, her surgeon testified that she enjoyed a complete recovery from this altercation and by all means never manifested signs or symptoms consistent with Reflex Sympathetic Dystrophy.

Following the automobile accident, she presented to the emergency room with complaints of a contusion to her left ankle. Apparently, during the collision, her foot hit the door and/or brake pedal.

Due to persistent pain two months after the accident she began treating with a local orthopedist. Dr. Bittar initially diagnosed her as suffering a contusion of the ankle and prescribed physical therapy. Three months post accident she began her course of physical therapy and the therapist was the first to concern himself with the possible diagnosis of Reflex Sympathetic Dystrophy.

Her symptoms continued unabated in spite of the efforts of multiple medical doctors and physical therapists.

The plaintiff had multiple compulsory medical examinations the first of which was at the behest of her PIP carrier. This orthopedist confirmed that she had RSD. The original defendant's carrier, State Farm, sent her to another local orthopedist who testified that his physical examination failed to reveal RSD. State Farm secured an additional compulsory medical examination with an orthopedist in Orlando. This physician stated in his first report that she quite possibly had RSD, but he would recommend additional diagnostic studies, including a bone scan to confirm this finding. Following that examination, State Farm tendered its $100,000.00 in liability coverage.

Jamie Nance and Charles Barger secured a settlement of $200,000.00; $100,000.00 from State Farm Insurance Company and $100,000.00 from Allstate Insurance Company, the plaintiff's underinsured motorist carrier.