A jury found a truck driver was not liable for another motorist’s neck injury.

On Oct. 7, 2017, Sharmane Francis, then 45, stopped her car behind a truck driven by Henderson Haynes, who was at a stop sign. Haynes reversed his truck and struck her car. Francis claimed she suffered a herniated cervical disc, which required two cervical fusions.

Haynes conceded negligence, but his counsel claimed Francis was partially to blame for failing to avoid the reversing truck and failing to wear her seat belt. Defense counsel also claimed Francis had pre-existing bulging and herniated discs throughout her cervical spine and there was no evidence of an acute injury. The jury found Haynes’ negligence was not the cause Francis’ injury.

Case: Francis v. Waste Pro USA

Case No.: CACE15021958

Plaintiffs attorneys: Eric G. Canter, Eric G. Canter P.A., Boca Raton, and Carl S. Karmin, Carl Karmin P.A., Fort Lauderdale

Defense attorneys: Peter R. Restani and Maria E. Dalmanieras, Boyd Richards Parker Colonnelli, Miami