On May 15, 2007, plaintiff Jonny Osler, a 57-year-old language instructor, was riding a motor scooter on Collins Road in Sunny Isles when Nasir Jamal allegedly changed lanes in his Mercedes and hit him. Osler was wearing a helmet, but he was rendered unconscious by the impact. Having no recollection of the accident, Osler was ticketed at the scene. Osler sustained a subdural hematoma and fractured collar bone.
Osler sued Jamal for vehicular negligence, alleging that Jamal was talking on his cell phone at the time of the accident. Although subpoenaed records supported that theory, Jamal denied at trial that he was on the phone when the collision occurred. There were no witnesses to the accident.
Osler’s accident reconstruction expert testified that Jamal’s testimony was incredible. He opined that the way the scooter was laying on the ground after the accident according to the police report was inconsistent with Jamal’s claim. Jamal paid cash to have his car repaired shortly after the accident. According to counsel for Osler, questions arose as to whether Jamal had repaired his vehicle and if so what had been repaired.
Jamal denied that he was liable, arguing that Osler crossed into his lane near the intersection and that he caused the accident.
Jamal’s accident reconstruction expert opined that the marks on Osler’s scooter supported the defendant’s contention that the plaintiff ran into the side of his car.
Osler was taken to the hospital from the scene, where he was treated for a displaced collar bone fracture and subdural hematoma. The hematoma was evacuated, and Osler spent three days in the hospital.
Two weeks later, he began to have difficulty speaking and had trouble using one side of his body. He was taken to the hospital and readmitted for seven days to treat a brain hemorrhage. Osler had follow-up treatment with a neurologist and took Dilantin for approximately two months to prevent seizures.
The defendant’s neurology expert opined that Osler didin’t sustain a permanent neurologic injury. Jamal’s orthopedic surgery expert opined that Osler’s collar bone had healed and that no further treatment was required.
The jury rendered a plaintiff’s verdict and awarded $261,429.
$108,730 Personal Injury: Past Medical Cost
$70,700 Personal Injury: Future Medical Cost
$12,000 Personal Injury: Past Lost Earnings Capability
$35,000 Personal Injury: Past Pain And Suffering
$35,000 Personal Injury: Future Pain And Suffering
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