Verdicts & Settlements

The following are a sample of the verdicts and settlements recovered by the attorneys of Wesley, McGrail, & Wesley on behalf of our clients. The attorney(s) involved are indicated in parenthesis.

This list is by no means exhaustive nor is it intended to predict how any future claim might be resolved.

$11,200,000 jury verdict (WSW with co-counsel)

A 16-year-old girl rendered quadriplegic as a result of a single-car accident; the car struck a utility pole placed too closely to the roadway. Suit alleged negligence on the part of a utility company in the installation of the light pole. Jury returned verdict following trial, which included both compensatory and punitive damages. Verdict was reversed on appeal. Parties reached confidential settlement for lesser amount prior to new trial.

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$2,576,712.40- total recovery from UM carrier following judge trial- (WSW and JWW)

Client, a passenger in a vehicle owned by his employer, was rear-ended on Hollywood Blvd. in Fort Walton Beach. Case was settled against adverse driver and claim proceeded against Underinsured Motorists' Carrier, Zurich American Insurance Company, who failed to respond to lawsuit and was defaulted. Judge trial resulted in verdict of $2,324,151,00 which was appealed to the 1st District Court of Appeal in Tallahassee. After being Affirmed and Remanded for further proceedings, case was appealed for a second time resulting in another Affirmance. UM carrier's claim that policy limits were only $100,000.00 was rejected.

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$1,400,000 settlement (JWW)

Worker rendered quadriplegic after 20-foot fall from ladder. Settlement with employer and workers' compensation carrier providing for future medical expenses and wage benefits. Client continues to work full time with accommodations provided by employer. Settlement was structured through annuity company and has a projected lifetime payout of over $2,886,000.

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$1,312,700 judge verdict (WSW and JWW) - Fort Walton Beach

A Fort Walton Beach chiropractor suffered several thoracic spine compression fractures after attic access stairs fell out of a newly constructed townhome. Client was invited to the premises and was attempting to inspect over-attic storage when the accident occurred, causing him to fall 9 to 10 feet onto concrete floor. Injuries required the client to hire another chiropractor to take over practice, although he continues to oversee the entire clinic. Damages included cost of hired employee, future medical expenses, loss of the enjoyment of life and consortium damages for spouse.

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$1,100,000 settlement (MVM) - Pedestrian injured while performing

Pedestrian injured while performing inspection work on a Florida highway in Jacksonville when a metal shelving flew out of the back of a pick-up truck and struck him causing head trauma, traumatic brain injury and cervical injury. Settlement was reached for policy limits with driver's insurance carrier and the insurance carrier for driver's employer.

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$1,056,000 settlement (MVM) - Medical malpractice claim against Pensacola

Medical malpractice claim against hospital for failure to timely diagnose heart disease in infant. Infant client suffered permanent injury, which will require lifetime medical care and treatment. Settlement at mediation prior to scheduled binding arbitration.

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$675,000 verdict (WSW and MW - formerly associated with firm) - bench trial

Bench trial in case alleging fraud by defendant. Physician client not paid earnings due under contract with health care center. Wrongful termination of employment contract.

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$620,264.00 jury verdict- (JWW and MVM)

woman rear-ended on Destin Bridge by commercial vehicle. Ultimately required rotator cuff surgery and cervical fusion surgery. Defendant challenged liability alleging sudden stop and disputed extent of damages. Case was settled post-verdict for a confidential amount.

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$537,500 jury verdict (JWW and MVM)

Rear-end automobile accident on Racetrack Road in Fort Walton Beach, Florida. Permanent injuries, lifetime chiropractic treatment, inability to return to work as home health provider following accident, jury verdict following four-day trial of $507,311.30. Total recovery shown includes settlement of additional attorney's fees and costs due from defendant.

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$500,000.00 settlement- (JWW)

Client from DeFuniak Springs sustained significant injuries in accident involving a drunk driver on Highway 331 in Walton County, Florida. Injuries required extensive pain management and cervical and lumbar fusion surgery. Client had previously undergone multiple orthopaedic and spinal surgeries and accident represented an aggravation pre-existing conditions. Successfully negotiated reduction of Medicare lien to very minimal amount. Case was settled prior to trial after Motion to Amend to include Claim for Punitive Damages was filed.

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$491,539.11 jury verdict- (JWW and MVM)

Client and his work crew were painting bicycle lanes on Memorial Parkway in Ft. Walton. Defendant, a minor, was late for Senior Class pictures and was driving at an excessive speed while attempting to apply make-up. Defendant struck the rear of the parked truck client was sitting in on the shoulder of the road. Client sustained injuries to his neck and developed a headache syndrome requiring regular pain management injections (radiofrequency ablation). Trial court allowed jury to consider punitive damages based upon reckless disregard of defendant. Jury returned a substantial verdict including compensatory and punitive damages. Case was settled post-judgment for a confidential amount in excess of the verdict based upon entitlement to attorney's fees and costs from Defendant. Case also required negotiation and resolution of the workers' compensation lien. Case involved Bad Faith claim against State Farm for failing to offer the Defendant's $50,000.00 insurance limits.

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$435,000 settlement (WSW)

Injured worker who sustained serious fall at work resulting in concussive type symptoms and headaches. Claim for permanent and total disability benefits was tried and lost. Order of the Judge of Compensation Claims was successfully appealed and case was remanded. A second trial resulted in a finding that the client was entitled to PTD benefits. Order resulted in approximately $125,000 in back medical benefits and lost wages being paid. Case was settled approximately one year after the second trial.

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$400,000 settlement (MVM)

Workers' compensation claimant who sustained back and neck injuries after being struck by a reel of metal cable, settlement prior to final hearing. Settlement made in lieu of providing lifetime medical care and lost wage benefits.

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$400,000 settlement (JWW)

Client from Marianna severely injured in a rear-end accident involving commercial tow-truck while traveling on Highway 73. Client sustained both cervical and lumbar injuries, and underwent cervical fusion surgery. Client was on Social Security Disability at the time of the accident and no lost wage claim was presented. Settlement was reached at pre-suit mediation.

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$368,195.33 jury verdict (JWW and WSW)

Verdict after two-day trial in rear-end motor vehicle accident, which occurred in Destin, Florida,- very minor property damage - permanent cervical injury requiring on-going chiropractic treatment. Settlement prior to trial with adverse driver for policy limits ($10,000); trial against uninsured motorist's carrier (State Farm) who had a $50,000 UM policy. Plaintiff's motion for attorney's fees and costs was settled for an additional $62,786.33. Defendant paid $50,000 policy limits and attorney fee and cost settlement amount after judgment was entered. Plaintiff later reached confidential settlement amount substantially in excess of policy limits after filing "bad faith" lawsuit in Federal Court in Middle District of Florida.

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$367,000 settlement (JWW)

Settlement on behalf of an injured worker who sustained knee injuring requiring surgery with later development of significant psychiatric disorder.

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$350,000 settlement (WSW)

Settlement to an injured worker who suffered fall at work resulting in serious cervical injury and headaches. Claim was tried to Judge of Compensation Claims, which resulted in adverse ruling. Appeal was taken and judgment was reversed. At second hearing before JCC, benefits requested were awarded. Settlement was reached following the second hearing.

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$300,000 settlement (WSW)

Injury resulting from trip-and-fall on carpet in home of client's acquaintance. Allegations of negligent maintenance and repair. Back injury requiring surgery, settlement for full policy limits of homeowners insurance.

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$290,000 settlement (JWW)

Total recovery for a Fort Walton Beach resident injured while driving employer's vehicle. Rear-end accident occurred on Main Street in Destin and resulted in cervical fusion surgery. Total recovery included policy limits from adverse driver, and recovery from employer's uninsured motorists' carrier. Medical benefits provided by employer's workers' compensation carrier. Workers' compensation claim remains open.

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$250,000 settlement (JWW)

Total recovery for a Navarre woman injured in a T-bone accident on Highway 98 when other driver violated right-of-way by attempting to turn in front of oncoming traffic. Client sustained lumbar injuries requiring discectomy and fusion surgery. Settlement included adverse driver's insurance company and policy limits from client's underinsured motorists' carrier.

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$200,000 settlement (WSW)

Recovery for a client involved in a motor vehicle accident while a passenger in his employer's vehicle. Struck from behind at a high speed resulting in serious neck and shoulder injuries. Settled days prior to scheduled jury trial.

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$200,000 settlement (JWW)

Settlement for a client involved in a T-bone accident on Highway 98 in Navarre, Florida, when an airport shuttle van attempted to make an illegal left-hand turn. Client sustained serious lumbar disk injury requiring surgery. Claim still pending against client's uninsured motorists' carrier.

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$198,353.50 jury verdict (WSW and JWW)

Plaintiff was traveling east on Highway 98 in Fort Walton Beach, Florida. Defendant made an illegal left-hand turn causing a T-bone accident. Defendant alleged the plaintiff was speeding. Plaintiff suffered permanent spinal injuries with the possibility of future surgical intervention. Plaintiff primarily received chiropractic treatment. Plaintiff recovered attorneys fees and costs of $108,880.08 in addition to verdict.

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$190,000 settlement (MVM)

Settlement for a client injured after being struck in head with tent pole at a home improvement store, which had come loose in high wind. Client suffered a closed head injury with the development of post-concussion syndrome and headaches. Settlement prior to jury trial.

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$185,000 settlement (JWW)

Settlement for an injured worker who sustained multiple injuries in fall. Treating doctors indicated that cervical surgery would likely be required and shoulder surgery was currently necessary. Client had already undergone knee surgery. Successfully overcame allegation of fraud resulting in complete denial of all further benefits. After prevailing at the trial level, case was successfully defended on appeal. Confidential settlement reached after Appellate decision rendered.

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$175,000 settlement (JWW)

Client from Freeport injured while a passenger on motorcycle hit by a car that made improper left-hand turn in Grayton Beach. Significant orthopedic injuries to clavicle and shoulder requiring surgery. Settlement includes policy limits from adverse driver's insurance carrier and client's uninsured motorists' coverage. $50,000 in remaining uninsured motorists' coverage was recently obtained from motorcycle owner's UM policy.

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$167,000 settlement (JWW)

Client injured while working as an LPN for her employer. Sustained severe neck, shoulder and low-back injuries and developed serious psychiatric symptoms. Permanent Total Disability claim. Confidential settlement reached.

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$150,000 settlement (JWW)

Settlement for a Crestview client against her former employer and an employee leasing company in claims involving sexual harassment and violations of Fair Labor Standards Act (FLSA).

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$150,000 settlement (JWW)

Crestview veteran injured by medical malpractice at a Veteran's Administration (VA) hospital. Untimely amputation of fingers resulting in prolonged pain and suffering, additional tissue destruction, and ultimately requiring more involved surgery. Claim under Federal Tort Claims Act (FTCA) was settled after submission of claim but prior to suit being filed.

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$149,500 settlement (MVM)

Workers' compensation client injured in motor vehicle accident involving commercial delivery vehicle while in the course and scope of employment; lumbar injury; Permanent Total Disability claim.

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$130,980 settlement (MVM)

Injured worker who sustained lumbar spine injury installing culverts while working for a government entity. Claim was settled prior to a Final Hearing at a mediation.

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$125,000 settlement (JWW)

Client injured while a passenger on motorcycle hit by a car that made improper left-hand turn. Significant orthopedic injuries to clavicle and shoulder requiring surgery. Settlement includes policy limits from adverse driver's insurance carrier and client's uninsured motorists' coverage. Claim still pending against uninsured motorists' carrier who insured motorcycle. $50,000 in remaining uninsured motorists' coverage.

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