Rumberger, Kirk & Caldwell Wins Case for American Airlines

06.05.07

Miami office

Gregory M. Palmer, a partner in the Miami office of Rumberger, Kirk & Caldwell, and Shannon Campbell Fitzpatrick, an associate with the firm, won a defense verdict in Miami Circuit Court for American Airlines.

American Airlines was sued by the driver of a postal truck who claimed that an American Airlines lavatory truck backed into his vehicle on the tarmac at Miami International Airport. The Plaintiff sued for medical bills related to multiple herniated discs requiring cervical fusion surgery, pain and suffering, lost wages in the past and lost future earning capacity.

Palmer argued that there was no proof that an accident even occurred. He also argued there was no damage to the postal truck as a result of the alleged accident. Palmer further argued that American Airlines did not receive notice of the alleged accident until the Plaintiff made a claim for damages against American Airlines.   Palmer also argued that the Plaintiff’s alleged injuries and medical bills were the result of a pre-existing, degenerative condition. At trial, Palmer emphasized the fact the Plaintiff failed to disclose prior back and neck pain as well as prior physician care and magnetic resonance imaging (MRI) related to the pre-existing condition.

As a result of Palmer's arguments, the jury returned a defense verdict, finding no negligence on the part of American Airlines which was a legal cause of the Plaintiff's damages.

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Rumberger, Kirk & Caldwell provides litigation and counseling services in a wide range of civil practice areas including products liability, commercial litigation, intellectual property, environmental, employment, insurance, professional liability, health care and administrative law. Offices are located in Orlando, Tampa, Miami, Tallahassee and Birmingham, Alabama.