Fort Lauderdale, Fla. (March 22, 2024) – Nationwide insurance and civil litigation defense firm Tyson & Mendes LLP has achieved a defense win in a high-stakes trucking accident case, delivering a verdict less than one-tenth of the plaintiff’s asserted damages and saving the client $5.8 million. Lucio Guimaraes and Nivea Guimaraes v. Romero Zanotelli and Express Transport System, Inc. (Case# CACE 19-008069) 

Robert O’Malley, the Ft. Lauderdale-based Tyson & Mendes partner led the defense, which included rising star Amaia Sanz De Acedo, an associate also based in Ft. Lauderdale. The plaintiff, 47, was driving a Honda Civic which was rear-ended by a tow truck owned by Express Transport System – a trucking company and Tyson & Mendes’ client. The plaintiff’s car subsequently hit a pickup truck. As a result of the double-impact collision, the plaintiff suffered lower back injuries requiring a lumbar fusion, spinal cord procedures, and other treatments.

The plaintiff and his wife sought more than $6.3 million, including $5 million in pain and suffering, $50,000 for loss of consortium, and coverage of past and future medical bills. Rejecting the plaintiff’s claims for pain and suffering altogether as well as his wife’s claims for consortium, the jury ultimately awarded $495,000 for past and future medical treatment. After setoffs are applied, the verdict will be $380,000.

Throughout the six-day trial in Florida’s 17^th Judicial Circuit (Broward County), O’Malley and Sanz de Acedo used the firm’s proven Nuclear Verdicts® Defense Methods, including personalizing the defendant – a small business owner who was present in the courtroom throughout trial – accepting responsibility, giving a defense number and arguing pain and suffering to secure a substantial savings of more than $5.8 million for their client.

“There was no question this was a horrific collision. We admitted liability and causation from the beginning, and never disputed the plaintiff deserved compensation for his injuries,” said O’Malley. “In fact, we provided a defense number early and often, discussing it during jury selection and throughout trial. We disputed the exorbitant sum sought for pain and suffering which far outweighed the facts of the case.”

Ultimately, added Sanz de Acedo, the jury delivered a verdict based on reasonableness and common sense. “We extend our sympathies to the plaintiff for his injuries but are grateful to the jury for their care in assessing the facts of this case and delivering a fair and reasonable verdict rooted in the evidence, the law, and common sense,” she said.

Tyson & Mendes’ Chair of Complex Trials Mina Miserlis provided invaluable consultation on the case and strategic deployment of the Nuclear Verdicts® Defense Methods. The trial team handles cases throughout South Florida, a state known for frequently delivering Nuclear Verdicts®.

Serving 21 states nationwide, Tyson & Mendes is one of the fastest growing civil defense firms in the U.S. and is proud to offer one of the fastest and clearest paths to partnership of any mid-sized law firm in the U.S. The firm is honored to be recognized perennially on Best Lawyers’ Best Law Firms lists, awarded the No. 1 “Ceiling Smasher” in Law360’s 2022 Glass Ceiling Report for female equity partnership, and shortlisted for Financial Times’ 2022 Innovative Lawyers North America Award.

For more information and to view career opportunities, visit www.tysonmendes.com.

About Tyson & Mendes LLP
Tyson & Mendes LLP is a nationwide, AV-rated litigation and trial firm specializing in insurance defense and protecting its clients from Nuclear Verdicts®. Robert Tyson and Patrick Mendes founded the firm in 2002 to defend corporations, insurance companies, and their clients in civil litigation matters. The firm has experienced tremendous growth in the past two decades, with offices across the U.S. serving clients in Arizona, California, Colorado, Connecticut, Florida, Georgia, Iowa, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Tennessee, Texas, Washington, and Wisconsin.

Media Contact

Molly Pincherli/Jean Walcher, J. Walcher Communications
molly@jwalcher.com / jean@jwalcher.com, 619-295-7140

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