Cataldo v. Health First, Inc. - $2,052,434.14

Cheryl Cataldo was driving her Toyota Corolla on State Road A1A near the intersection of Coconut Drive in Melbourne, Florida, on the morning of September 23, 2005, when she was rear-ended by David S. Ori who was driving a delivery box truck, a company vehicle for First Health Inc. of Brevard County. As a result of the accident, Ms. Cataldo, 47, sustained serious and permanent neck injuries, which resulted her having to undergo a multi-level neck fusion surgery. Her treating doctors have also advised that she will require ongoing regular therapy, as well as additional surgery to her neck in the future. In addition, the devastating injuries left her incapable of continuing her employment as a dental hygienist, a career that she had enjoyed for the preceding 8 years. After a two week trial, a Brevard County jury awarded Ms. Cataldo $2,052,434.14.

In our 2010 Newsletter, it was reported that a woman from Indialantic, Florida was awarded $2,052,432.14 by a Brevard County Jury for injuries that she suffered in a 2006 motor vehicle crash. Following the verdict, the Defendant filed an appeal to the Fifth District Court of Appeals in Daytona Beach, Florida. On June 29, 2012, the Appellate Court rendered a Decision upholding the verdict against the Defendants. The Defendants in this matter were still not convinced to pay the jury verdict and filed a Motion for Re-Hearing with the Appellate Court on July 27, 2012. The Fifth District Court of Appeals denied the Motion for Re-Hearing on August 2, 2012.

As a result of the verdict and ruling of the Appellate Court, Jane Doe was entitled to not only the amount of the verdict but also attorney's fees and costs associated with the initial trial and appeal. The case has been finally resolved after more than 3 years of litigation. The Defendant paid almost $2.8 million dollars after payment of the initial verdict together with interest, costs and attorney's fees.


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