Anderson v. Gypsum Express (West Palm Beach, Florida)
Niven Anderson alleged that Matthew Moore, a truck driver for Gypsum Express, while taking a hairpin curve, struck Anderson’s truck, causing damage to the truck and exacerbating existing medical injuries to Anderson's back and neck. Moore disputed the evidence, arguing that he never hit Anderson’s truck and that the damage to the truck was caused by a third party.
Plaintiff attorney Jack Hill (Searcy Denney Scarola Barnhart & Shipley PA), brought accident reconstruction and medical experts to argue that the evidence, including marks on Anderson’s vehicle consistent with Moore’s truck tires and damage to the road barrier, proved that Moore did in fact hit Anderon’s vehicle and thereby caused the subsequent exacerbation of Anderson’s injuries. “Right up to the bitter end,” Hill said. “Gypsum Express and Matthew Moore are refusing to accept the responsibility for Mr. Moore’s conduct and refusing to accept the responsibility for the consequences of that conduct.”
Anthony DiMattio (Gaebe, Mullen, Antonelli & DiMatteo), the defendent’s attorney, argued that the plaintiff was overreaching and that the evidence was inconclusive regarding both the cause of the damage to Anderson’s vehicle and the cause of the exacerbation of his injuries. He further argued that the plaintiffs were inconsistent in their presentation of evidence, noting that Anderson did not mention his prior neck and back injuries in 2007, the time of the accident. “That’s the mindset of the plaintiff,” he said. “You don’t have to be accurate, you don’t have to tell the whole truth, see if they figure it out. That seems to be the mindset and the theme, catch me if you can.”
The jury found negligence on the part of Moore and awarded Anderson medical damages amounting to $712,611.02. In addition, the jury awarded Anderon’s wife, Betty Anderson, $8,000 in damages relating to their finding that Anderson suffered a permanent medical condition as a result of the accident.