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.
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.
Worker rendered quadriplegic after 20-foot fall from ladder. Settlement with employer and workers’ compensation carrier providing for future medical…
Judge verdict (WSW and JWW)
A Fort Walton Beach chiropractor suffered several thoracic spine compression fractures after attic access stairs fell out of a newly constructed…
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…
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…
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…
$2,960,000.00 – Jury Verdict for a spa director injured in a collision on Highway 98 in Walton County, Florida
Accident occurred near Sandestin and involved a drunk driver, although the verdict was solely against GEICO as the UM carrier (only a $50,000.00 policy). Client sustained multiple cervical herniated discs, attempted pain management, and ultimately had multi-level fusion surgery. A Bad Faith claim has been filed attempting to recovery the full judgment amount against Geico.
Our firm had the honor of representing a woman who was catastrophically injured after being thrown off the back of a racing motorcycle, and then being drug several hundred yards down the highway when her foot became stuck in the foot pegs. She suffered 3rd degree friction burns over a substantial portion of her body, and multiple orthopaedic injuries. The motorcycle operator, and the person he was racing, fled the scene and left her for dead in the median, but were later identified when they returned to the scene. The accident occurred on Highway 98 in between Destin and Fort Walton Beach. While no verdict will make our client whole again, having the opportunity to tell her story in court, and being vindicated by the resulting verdict has assisted our client in moving on from this devastating event.
$2,750,000.00 – Settlement on behalf of a medical specialist who was injured in a fall at a Destin condominium project due to inadequate maintenance of the entry stairs
Client fell injuring his low back, and putting his career in jeopardy. Client underwent conservative treatment, attempted pain management, and had a lumbar spine surgery performed, all with little benefit.
$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.
$2,500,000.00- (JWW)- Jury Verdict- Verdict Rendered In De Funiak Springs, Walton County, Florida Against A Uninsured Motorists’ Carrier Following An T-Bone Collision Caused By A Drunk Driver.
Our client was driving home from work at Sandestin resort when a drunk driver pulled across Highway 98 into her path of travel, causing a tremendous collision, and forcing our client off the road and into a power pole. The adverse driver only maintained a $50,000.00 bodily injury liability policy, which was quickly tendered. Coincidentally, the adverse driver and our client were insured by the same company, GEICO. Our client’s UM carrier provided our client with $50,000.00 in UM coverage, but refused to tender the policy limits despite multiple opportunities to do so. Our client has been diagnosed with multiple herniated discs in her neck and back, endured repeated pain management injections, and has now undergone a multi-level cervical fusion surgery. After a week long trial, a Walton County jury awarded $2,500,000.00 but the UM carrier’s Motion for New Trial was granted due to an alleged error committed by the judge during the jury selection process, which was upheld by the appellate court. We are anxiously awaiting a new trial, so we can once again prove that GEICO has acted in bad faith towards it’s insured in this case.
$1,250,000.00 – Settlement on behalf of a nurse who was injured in a fall in the parking lot of her condominium
As is often the case, maintenance of the common areas of the condominium was the responsibility of the condominium association, who failed to repair defects in a sidewalk. Client underwent 2-day lumbar fusion surgery, but was left with residual dysfunction, and requires on-going pain management. The settlement funds allowed the client to become debt free, so she no longer had to struggle to pay her bills, and will provide for her future medical needs.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$367,000 Settlement (JWW)
Settlement on behalf of an injured worker who sustained knee injuring requiring surgery with later development of significant psychiatric disorder.
$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.
$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.
$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.
$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.
$200,000 Settlement (CLM)
Client seriously injured when drunk driver, who had been drinking at defendant local bar, crashed into a retention pond.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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).
$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.
$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.
$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.
$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.
$100,000 Settlement (CLM)
Client seriously injured on vacation after exiting defendant’s local dinner cruise.