Martinez v. Martin


Style: Gerardo Martinez v. Ruebin A. Martin

Venue: Circuit Court, Hillsborough County, Florida

Plaintiff Gerardo Martinez had been a restrained rear seat passenger in a vehicle proceeding through an intersection at 26th street and Lake Avenue, Tampa, Hillsborough County Florida. Defendant Ruebin Marin had been the driver of a vehicle which ran a stop sign colliding with the right rear passenger side of plaintiff vehicle.

Plaintiff alleged the accident caused injury to his lumber spine, L3.4 herniation/extrusion with compression of the left L4 nerve root and necessitation of laminectomy July 18, 2016.

Past medical expense was $154,111.

Plaintiff sought damages for future medical expenses as well as past and future pain and suffering.

Experts testifying for plaintiff included: David Rosenbach, MD and James Ronzo, MD.

Defendant argued that injuries were the result of a subsequent intervening accident.

Experts testifying for defendant included: Kenneth Hammon, DC, Jack Maniscalco, MD and Michael Foley, MD.

Defendant admitted to liability.

Defendant’s motions for directed verdict as to future medical expenses and future pain and suffering were granted during trial.

The jury returned its verdict November 16, 2017 finding that plaintiff’s injuries and resulting surgery were not causally related to defendant’s actions.

No damages were awarded as a result.