Florida Jury Awards $3.22 Million for Interrupted Cancer Treatments In Addition to Injuries Caused by Tractor Crash

In a two-week trial conducted by National Trial Lawyers member Brian Denney and attorney Ed Ricci, a Palm Beach County jury awarded security guard Barry Davis $3,220,000 for damages incurred when his vehicle was struck by a tractor towing a grass mower. The verdict was based not only on Davis’s immediate injuries from the crash, but on his consequent inability to continue timely cancer treatments.

Tractor driver Dale Vannelli was hauling a large, heavy commercial grass mower called a bushhog when he hit Davis’s Ford Mustang on the driver’s side as Davis neared an intersection. Davis, who has been traveling 76 miles an hour in a 50 miles per hour zone, was airlifted to a nearby hospital, suffering a left hemopneumothorax, which required a thoracostomy; a splenic rupture, which required exploratory laparotomy and splenectomy; fractures of his left clavicle; and multiple rib, lumbar, and other injuries. He was hospitalized for 22 agonizing days of surgeries, therapy and rehabilitation.

Prior to the December 4, 2013 crash, Davis had been undergoing radiation treatment for a squamous cell carcinoma on his left cheek/jaw area, and the cancer had spread to his lymph nodes. For two months after the accident, due to his extensive injuries, he could not undergo critical cancer treatments. Less than two years later, doctors found that the squamous cell carcinoma had returned to Davis’s cheek and had already metastasized to the parotid gland. This diagnosis resulted in extensive surgery to remove the tumor, massive skin grafts from his right arm to repair surgical areas, and additional chemotherapy and radiation.

Because the crash with Vannelli had adversely affected his ability to treat his cancer successfully, Davis asked Board Certified attorney Brian Denney of Searcy Denney Scarola Barnhart & Shipley to represent him in a legal action to hold the tractor driver and his employer, South Florida Bushhog Service, Inc., accountable for the damages.
“There was no question that the tractor crash was the catalyst for a one-two punch that resulted in life-threatening injuries and unimaginable suffering for Mr. Davis,” said Denney. “When the defendants refused to accept responsibility, we were forced to take the case to court.”

Defendants maintained that Davis was solely liable for the crash because he was exceeding the speed limit, and that Davis’s recurrent cancer was not related to the interruption of treatment caused by the accident. They argued that, since Davis had a history of other superficial skin cancers, the recurren
ce on his left cheek would have occurred regardless of the crash. They also argued that Davis should not have been driving because he had received cancer treatments the day of the accident.
However, in the course of a two-week trial, the Searcy Denney attorneys disputed defense attorneys’ allegations with the sworn statements of a treating oncologist, who testified that the cancer recurrence was caused by the lapse in Davis’s treatments. The jury agreed.

Searcy Denney Scarola Barnhart & Shipley is a Florida-based trial law firm with more than 40 years’ experience handling personal injury cases. The firm has been named by U.S. News – Best Lawyers® “Best Law Firms” as a 2017 First Tier “Best Law Firm” in West Palm Beach for six practice areas and in Tallahassee for two practice areas.

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Attorney Michael T. van der Veen Selected to 2017 Pennsylvania Super Lawyers List

Philadelphia, PA. We are pleased to announce that National Trial Lawyers member Michael T. van der Veen has been selected to the 2017 Pennsylvania Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. It is his 13th year to be so named to this prestigious list. Francis O’Neill, Jr. has been selected to the 2017 Rising Stars list for the third year in a row. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The founder of the Law Offices of Michael T. van der Veen, Michael T. van der Veen represents the rights of people in Philadelphia, Pennsylvania, and its surrounding towns and counties. He focuses his practice on plaintiff’s personal injury, and criminal defense, and handles cases involving auto, motorcycle and truck accidents, construction accidents, slip and falls, medical errors, product liability, murder, sex offenses, white collar crimes, assault, drug offenses, DUI, and vehicular homicide.

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