Justice Is Served

09 Aug 2007

On March 6, 2006, Attorney Bryan Caulfield together with Attorney Lorraine Robinson began trial before Judge Case in a case involving our clients, Yuriy Solovyev and his wife Yelena Solovyeva.

On January 9, 2002, Yuriy was driving his pick up truck on 49th Street when it was rear ended by a 23,000 lb. flat bed truck at approximately 40 - 45 mph. Because Mr. Solovyev is 6'4" tall, his head was above the headrest. The impact caused him to forcefully strike the back window of his truck, causing it to break out.

He was diagnosed with a broad based disc bulge at C6-7 towards the right side. During litigation Mr. Caulfield was able to get the defense experts to concede that a bulging disc is a form of herniation. Some of Mr. Solovyev's other treating physicians also agreed that he has had sustained a herniated disc in his cervical spine. The Plaintiff was also diagnosed with a disc herniation in his thoracic spine, however, the treating neurologist testified he did not feel this was causing symptoms. Mr. Solovyev had his condition treated with pain management even though three of his treating doctors said he was a candidate for open disc surgery. However, some of his other doctors did not feel he was a surgical candidate at all.

The Solovyev's came from Russia to live a better life here in Clearwater, Florida with their son, Nikolay, in 1995. Mr. Solovyev worked as a welder on ships in local shipyards and Yelena worked for the Department of Children & Families and volunteered every Saturday at Hospice. Unfortunately, the accident caused injuries to Yuriy that has made it impossible for him to return to work as a welder.

Throughout the case the Defendants contended that Mr. Solovyev had sustained nothing more that a "whiplash type injury" and his problems were degenerative in nature.

Prior to trial, Allstate Insurance Company, the insurance carrier for the Defendants, filed a Proposal for Settlement in the amount of $100,000.00. Their final offer before trial was $125,000.00. Allstate refused to see the significance of the injuries Yuriy suffered and the severe impact it had on both Yuriy and Yelena's American dream.

On the first day of trial, Yuriy and Yelena's son, Nikolay flew from Fort Bragg, North Carolina to testify what impact the accident has had on his parents. He had to fly back that very day as he was preparing to be deployed. Since then, on March 13, 2006, Nikolay Solovyev was deployed to Afghanistan.

On March 9, 2006, after a little over two hours, the Jury came back with a Verdict in the amount of $346,222.12, showing Allstate their position was not believed and justice was served. The jury felt that Yuriy had sustained a permanent injury as a result of the accident. The Verdict, however, did not include any compensation for future non-economic damages for Yuriy and Yelena. As a result, Mr. Caulfield filed a Motion for Additur and Motion for New Trial on the issue of future non-economic damages. The case ultimately resolved for $400,000.00.

Congratulations to all involved.