Sarasota Attorneys Win $2.6 Million for Injured Motorcyclist

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Mallard Law Firm helps an injured motorcycle operator take Comcast to trial to obtain a favorable and sizeable verdict.

Attorney Damian Mallard

This jury verdict serves as a reminder to all businesses to take responsibility for their employees’ negligent actions because it is the right thing to do.

The Mallard Law Firm recently helped an injured motorcycle operator secure a $2.6 million verdict for the injuries he sustained in a crash with a Comcast van. Attorney Damian Mallard, assisted by attorney Chris Lancaster, took his client’s case (2009-CA-007831-NC) in front of a jury to hold Comcast of West Florida, Inc. accountable for the actions of one of its drivers.

According to the complaint (2009-CA-007831-NC) filed in the Circuit Court of the 12th Judicial Circuit in and for Sarasota County, as well as deposition testimony filed with the court, the collision occurred on October 8, 2008, when the plaintiff was traveling eastbound on his motorcycle on a dark, two-lane road in Venice, Florida. The defendant, driving a Comcast van, was heading westbound on the same road and made a left turn into the side of the plaintiff’s motorcycle. As a result of the crash, the plaintiff was seriously injured. His lower left leg was connected by nothing but skin and muscle—his tibia and fibula bones were broken in half and sticking out of his leg.

The plaintiff had his fiancée on the back of his bike when the collision occurred. Unfortunately, they were both injured on a night that was supposed to be memorable for their engagement—not for a motorcycle accident. According to deposition testimony filed with the court, just hours before the collision, the plaintiff popped the question to his girlfriend, and they celebrated their engagement at a local Mexican restaurant with some of their church friends before heading home that night.

Deposition testimony also states that the plaintiff had a couple of alcoholic drinks with his dinner to celebrate his engagement. As a result, according to court documents, the defense team stated he was intoxicated at the time of the crash and was therefore responsible for the accident. Additionally, according to deposition testimony, the defendant stated that he didn’t see the motorcycle because the bike’s headlight was not turned on. The Mallard Law Firm used expert testimony to prove the motorcycle’s headlight was on at the time of the crash. In addition, medical evidence was used to show that the plaintiff was not over the legal blood-alcohol content (BAC) limit of 0.08 at the time of the accident.

By thoroughly preparing the case for trial, the Mallard Law Firm prevailed in court. On November 21, 2014, according to court documents, a jury found that the driver of the van operated the vehicle negligently. They held Comcast accountable for his actions, awarding the plaintiff $2.6 million. The money compensates the plaintiff for his pain and disfigurement and the five different surgeries he underwent to keep his left leg, and it will allow him to take care of his medical needs for the rest of his life.

“This jury verdict serves as a reminder to all businesses to take responsibility for their employees’ negligent actions because it is the right thing to do,” said Mallard.

Case Number:
Florida 2009-CA-007831-NC, Circuit Court of the 12th Judicial Circuit in and for Sarasota County

About the Mallard Law Firm:
Located in Sarasota, Florida, the Mallard Law Firm is known for helping personal injury victims in Sarasota, Bradenton, Venice, and the surrounding areas. Recognized for handling complex cases and providing excellent attention and service to its clients, the Mallard Law Firm continues to receive favorable verdicts and settlements for injured victims.

With over two decades of legal experience, Damian Mallard and his associates have successfully handled numerous cases involving motor vehicle accident victims, and they are committed to helping clients seek justice and fair recoveries. To learn more about the Mallard Law Firm, visit our website or call us at 888-409-3805.

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Danielle Ruderman

Damian Mallard
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