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Editor's note: This article has been updated with comments from the attorneys.
Sarasota, FL— A Florida state court jury awarded more than $5.7 million Wednesday for the shattered leg and other injuries a teenager suffered in a 2022 crash. Gerlt v Odon, 2023-CA-001479.
The verdict caps a three-day damages trial over the crash that injured Aubrey Gerlt, who was 16 when her Toyota Corolla was struck by a vehicle driven by Luis Odon. Among other injuries, the wreck severely fractured Gerlt’s leg, requiring her to undergo surgery and therapy, and which she says has left her in persistent pain.
Wednesday’s verdict includes $5.25 million for Gerlt’s pain and suffering.
With Odon and his employer at the time, Castelli Construction, admitting fault for the wreck, trial focused on the severity of Gerlt’s injuries and how those injuries affect her life.
During Wednesday’s closings, Wicker Smith’s Michael Reed, representing the defense, told jurors that evidence, including medical records regarding her progress and photos of her engaging in a variety of physical activities, undercut Gerlt’s claims of pain that severely affected her life.
“Go around the room. How many of you actually think, in your own minds, in your own hearts: ‘Do we really believe, with multiple medical records saying she doesn’t have pain, does she really have pain every moment of every day?’” Reed told jurors before suggesting they award $1.5 million. “And, when we see what she’s doing in these photographs, would a person that’s experiencing pain, be doing that?”
But Morgan & Morgan’s Keith Mitnik, representing Gerlt, told jurors that the teen’s leg injury, which may need additional surgery in the future, left her with pain and other issues that are common to much older people, and forced her into difficult choices of whether to engage in activities despite increased pain, or avoid those activities entirely.
“People get older in life, they buy heating pads, they get soaks, they grumble about the good old days when they didn’t have to think about ‘How do I get out of bed?’ and ‘How do I move?’ and ‘What do I do so I don’t spark up some pain?’” Mitnik told jurors, before requesting about $16.5 million in damages. “But this is a teenager. And this is going to be with her forever.”
Mitnik told CVN in an email after the verdict that he believed Gerlt's credibility was a key to the jury's decision. "She is a fighter and a straightshooter," Mitnik told CVN. "As a result, jurors rejected suggestions that her ongoing symptoms were questionable."
Mitnik added that, throughout the trial, he aimed to ensure jurors saw Gerlt's complete medical records showed the ongoing fallout of her injuries. “The other key to a just result was making sure snippets of medical records could not be taken out of context to make it appear our client was all healed up. From opening statement on, we took away the 'snippet' defense by establishing her records don't show a happy ending. They show the ups and downs, hopes and disappointments of a futile fight to get back to her pre-crash baseline," Mitnik said. "And it will only get worse with time.”
In an email after the verdict, Wicker Smith’s Christopher Cazin told CVN “We respect the verdict and wish Ms. Gerlt the best.”
Email Arlin Crisco at acrisco@cvn.com.
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