Photo: Ryland West/ ALM.
Morgan & Morgan attorneys Dan Morgan, Mike Vaughn and Tyler Kobylinski secured a multimillion-dollar verdict against plaintiff Alan Gambrel's underinsured motorist insurer, Allstate Fire and Casualty Insurance Co., after the company refused to pay the policy limits.
In lawsuits involving claims against the plaintiff's own uninsured and underinsured motorist policy, the initial judgment is capped by the policy limits in Florida.
Gambrel will receive the entirety of the policy limits now, and the difference between the policy and the verdict is recoverable through the bad-faith process, his attorneys said.
Plaintiffs counsel asked for approximately $1.4 million, but the jury returned more than $1.9 million.
"I think the jury really sympathized with our client, and punished the insurance company for making lowball offers deep into the trial process, and downplaying his injuries," Morgan said.
Morgan said his team's main focus was on the laws about aggravation of preexisting conditions, and the effects the injuries had on his client's life.
"Even though our client had a preexisting condition that caused him neck pain, we were able to show that the crash made the condition much worse, and explain to the jury that our client was entitled to the full amount of damages under Florida's aggravation statute. We also were able to show the jury the significant negative impacts these injuries had on our client's life by painting a picture of how his life had changed," Morgan said. "The crash forced him to stop or scale back bike rides and playing in the pool with his children, playing music, and experiencing nature and the outdoors. He can still do his job, but often comes home from work in debilitating pain. I think this outline of how different his life is now helped the jury grasp why he deserved the verdict they ended up giving him."
Vaughn's team had photographs showing the significant property damage caused by the crash, which he believes was favorable to the case.
"Also, our client had never had any magnetic resonance imaging of his neck before the crash, nor had he ever had a herniated disc. So we had well-documented pathology on his spine after the crash that was completely new. The jury understood, from the photos of the property damage, and the significant bulging and tearing of his discs in the MRI, the severity of what had happened," Vaughn said. "The defense argued the injuries were degenerative or preexisting, and didn't come from the crash, but the medical records supported the fact that it was a new injury. This helped us disprove AllState's case, which was essentially that the injuries were caused by anything but the crash."
Seventh Judicial Circuit Court Judge Randell H. Rowe III presided over the case.
Orlando attorneys for the defendants Shaconna Jelita Wright of Allstate Insurance Co.. along with Law Offices of Robert Smith and Maria B. Vazquez who are the in-house counsel for Allstate, did not respond to requests for comment.
Read the complaint
On Feb. 16, 2018, plaintiff Gambrel and his two young children were traveling westbound on Dirksen Drive near the intersection with Bayou Vista Street in Debary, Florida, when driver Connor S. Huften, who was operating Chrtsopher Goddard's vehicle, allegedly swerved and made impact with the side of Gambrel's car.
According to the complaint, the children, secured in their car seats, received minor lacerations. However, Gambrel suffered two neck herniations and disc tearing.
According to the complaint, the violent impact of the crash caused the plaintiff to suffer permanent injuries and resultant damages.
Morgan said one of the biggest hurdles for his team was that Allstate played hardball with their client, and did not seem to believe him.
"They went scorched-earth against their own insured, and fought hard against making sure he got the compensation he needed and deserved. They hired doctors that gave expert witness testimony saying that he wasn't hurt," Morgan said.
Gambrel argued Huften was negligent, and had had a duty to properly operate the vehicle, while Allstate had a duty to honor its uninsured and underinsured motorist benefits.
"When I was brought onto the trial team, I immediately liked Mr. Gambrel and believed him and his version of events," Vaughn said. "I would also say that preparation is key, and if you've got a good case, you can be successful regardless of venue."


