July 15, 2021, Jury Trial, Recommendation For Two Or Three Level Fusion Cervical Spine, Aggravation Pre-Existing Herniations Cervical And Lumbar Spine.

Style: Ricardo Martin & Brooke Howell Martin vs. Denice Slabaugh

Venue: Circuit Court, Pinellas County, Florida

Defendants’ vehicle struck the rear of another occupied by plaintiff Ricardo Martin/driver and plaintiff Brooke Howell Martin/passenger, while in Madeira Beach, Florida, on December 15, 2017.

Plaintiff Ricardo Martin alleged he sustained an injury to his cervical spine which would require either a two or three-level fusion in the future. He presented with no preexisting history.

Plaintiff Brooke Howell Martin alleged she sustained an injury to her cervical and lumbar spine which would require continuing lifetime care. She presented with a preexisting history of low back pain which had resolved and denied prior neck pain.

• Experts testifying for plaintiffs included:
  • Shane Hockemeyer, DC, Farhan Siddiqi, MD, and James Billys, MD.
• Experts testifying for the defendant included:
  • Michael Foley, MD and David U. Arango, MD.

The court directed a verdict for the defendant on the issue of future medical expenses due to a lack of sufficient evidence/testimony in support.

The jury returned a verdict on behalf of Ricardo Martin limited to non-economic damages of $35,000. Plaintiff’s lowest demand had been $90,000.

The jury returned a verdict on behalf of Brooke Howell Martin limited to non-economic damages of $7,500. The plaintiff’s lowest demand had been $45,000.

Counsel for defendant, Mark S. Ramey, Esq., Melissa Rodriguez, Intern Stetson University College of Law.