JUNE 28, 2021 ARBITRATION, RECOMMENDATION FOR ANTERIOR CERVICAL DISCECTOMY AND FUSION
Style: Steven Borden v. Abraham Gonzalez Garcia, Jose Calvo Quintero, Erik Havlock and State Farm Mutual Automobile Insurance Company
Venue: Circuit Court, Hillsborough County, Florida
This litigation concerned apportionment of injuries and damages arising from two separate automobile accidents occurring March 19, 2018, and May 14, 2018, respectively.
Claims against State Farm Mutual Automobile Insurance Company were limited to the second accident of May 14, 2018.
On March 19, 2018, in Homosassa, Citrus County, Florida, Plaintiff, Steven Borden had been the restrained driver of a 2014 Nissan which had been struck from the rear by a 2000 International box truck driven by Abraham Gonzalez Garcia and owned by Jose Calvo.
The Plaintiff was transported by EMS to a local hospital. Thereafter, he had entered into conservative care to include physical therapy when involved in the second accident.
On May 14, 2018, while in Hillsborough County, Florida, Plaintiff, Steven Borden had been the restrained driver of a 2018 Subaru which had been struck in the rear by another. The collision involved four automobiles and was caused by tortfeasor Erik Ryan Havlock.
Plaintiff returned to his treating physicians and was ultimately recommended for a single-level cervical discectomy and fusion.
Plaintiff argued that injuries and damages could not be apportioned between the accidents and seeking damages ranging between $918,904.38 and $1,037,529.28.
Defendant State Farm utilized comparison of complaints, objective findings on exam, diagnostic studies, and recommendations for care, both pre and post-second accident and returning Plaintiff to baseline by a date certain of June 24, 2018.
- Experts testifying for Plaintiff included: Luis Crespo, MD; James Ronzo, DO; Sean Mahan, MD; and Richard Liles, MD, Ph.D.
- Experts testifying for Defendant State Farm included: Luis Crespo, MD; Michael Foley, MD; and Robert Martinez, MD.
Arbitration Award for the first accident, March 19, 2018, was entered June 28, 2021, in the total amount of $115,975.00.
Arbitration Award for the second accident May 14, 2018, was entered June 28, 2021, in the amount of zero against State Farm.
Plaintiff, Steven Borden, represented by Morgan & Morgan, PA
Defense Counsel on behalf of State Farm Mutual Automobile Insurance Company, Mark S. Ramey, Esq.