Lewis Brown v. Allstate Fire and Casualty Insurance Company

Case Background

On April 15, 2022, Plaintiff  Lewis Brown filed an uninsured motorist injury case in the Florida State, Polk County Circuit Court(Case number: 2022CA001593).  Michael P. McDaniel presided over this case.

Cause

On January 21, 2021, a meat cutter, Lewis Brown was struck by a vehicle driven by Vartolo Mojica at the intersection of Buckeye Loop Road and Country Club Road in Polk County. Although Mojica caused the collision, the Uninsured Motorist Injury case was filed against Brown’s insurer, Allstate Fire and Casualty Insurance Co., which denied coverage for the accident. Brown’s legal team argued that he had contracted with Allstate for protection in the event of an uninsured driver causing injury. Despite this, Allstate failed to fulfill its obligation to cover the damages resulting from the accident.

Injuries

Brown suffered significant spinal injuries, including herniations at C5-6, C6-7, and C7-T1, which caused severe radicular pain. His attorneys presented medical evidence showing the injuries were directly caused by the collision and not preexisting. Following the crash, Brown sought chiropractic treatment and massage therapy and later received injections over several months. He resumed chiropractic care in November 2022. Eventually, Brown underwent a three-level disc replacement and fusion surgery, a catastrophic procedure that drastically altered the anatomy and function of his neck.

Damages

The uninsured motorist injury case sought compensation for past and future medical expenses, including chiropractic treatments, injections, and surgery. He also pursued damages for past and future pain and suffering, asserting that the injuries profoundly impacted his quality of life. His legal team emphasized the traumatic nature of the crash and the extensive medical procedures that followed.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Lewis Brown
    • Counsel for Plaintiff: Eric S. “Rick” Block | David G. Henry | Patrick C. Chucri
  • Defendant(s): Allstate Fire and Casualty Insurance Company
    • Counsel for Defendants: Arielle K. Brandt | Richard “Treigh” Lippert

Claims

The case centered on Allstate’s failure to provide coverage for Brown’s medical expenses after the collision with an uninsured driver. The plaintiff’s attorneys argued that Brown reasonably expected his insurer to cover such incidents but was left without support when Allstate denied his claim. They emphasized that the insurer had acknowledged the adverse driver’s negligence but failed to meet its contractual obligation to cover the damages sustained by its insured.

Defense

Allstate Fire and Casualty Insurance Co. denied responsibility for Brown’s injuries, claiming no valid uninsured motorist coverage existed for the accident. While Allstate accepted the adverse driver’s negligence, it contended that the collision did not directly cause Brown’s injuries. The insurer argued that the medical evidence was insufficient to prove the spinal herniations and subsequent treatments resulted from the crash. Additionally, Allstate claimed Brown’s injuries were preexisting or caused by unrelated factors. Throughout the Uninsured Motorist Injury case, Allstate maintained it had no obligation to cover the claims due to the absence of valid coverage.

Jury Verdict

On November 1, 2024, the jury awarded Lewis Brown $5,780,181.65 in damages. The award included $319,184.65 for past medical costs and $860,997 for future medical expenses. Additionally, the jury granted $800,000 for past pain and suffering and $3,800,000 for future pain and suffering, recognizing the long-term impact of Brown’s injuries in a uninsured motorist injury case.

Court Documents:

Documents Available for Purchase on Request