On May 12, 2006, plaintiff Bennett Royal, 64, a furniture mover, was driving his sport utility vehicle outside Orlando when a truck bed liner flew out of a truck that was being transported on a car carrier. The car carrier was driven and owned by Neil Hoffman Auto Transport. The liner cracked Royal’s windshield causing him to slam on his brakes, banging his left knee on the steering column.
Royal sued Neil Hoffman Auto Transport for negligence.
Defense counsel argued that Neil Hoffman Auto was not responsible for the detached truck bed liner, rather the owner of the truck was the responsible party.
Royal stated that he banged his knee in the accident. He was not taken to the emergency room. He made an appointment with a neurologist and was seen about three weeks after the accident. The neurologist referred him to an orthopedist. Royal underwent arthroscopic surgery on Feb. 28, 2008. He had about three months of outpatient physical therapy. Royal will visit an orthopedist about six times a year for continued monitoring. A future arthroscopic knee surgery remains a possibility, stated plaintiff’s counsel.
Royal stated that his knee causes him discomfort and makes activities such as playing with his grandchildren more difficult.
Royal sought $48,707.53 for past medical costs, and $60,000 for future medical costs. Royal said he worked as a furniture mover and missed several months of work losing $22,100 in wages. He also sought damages for lost earning abilities as Royal said his injury caused him to retire a bit early.
Defense counsel argued that Royal’s injuries were not caused by the accident in this case. Royal, who is a military veteran, had previously treated for knee pain and injuries. Royal previously underwent knee surgery on the left knee. Royal suffered from a degenerative left knee, contended defense counsel.
The jury found the defendant negligent and awarded Royal $160,807.53 in damages.
Bennett Royal
$48,708 Personal Injury: Past Medical Cost
$60,000 Personal Injury: Future Medical Cost
$22,100 Personal Injury: Past Lost Earnings Capability
$10,000 Personal Injury: FutureLostEarningsCapability
$10,000 Personal Injury: Past Pain And Suffering
$10,000 Personal Injury: Future Pain And Suffering