Orlando, FL (August 13, 2025)– In a hard-fought trial in one of Florida’s most plaintiff-friendly venues, an Orlando jury rejected a $1.42 million damages claim, awarding just $95,458.06 to the plaintiff after finding him 40% at fault for his own injuries.
WSHB partners Ryan Schoeb and Daniel Knuth along with senior associate Caitlin Reese, successfully defended a client accused of negligence and vicarious liability stemming from a workplace accident involving a 36,000-pound forklift. The plaintiff, a 34-year-old tow truck driver, claimed permanent injury to his dominant right hand, alleging major limitations in both work and daily life.
The case hinged on two competing versions of the accident. The plaintiff testified that he was in a safe position when the forklift’s forks suddenly fell, crushing his hand. The defense presented evidence that the forks had become stuck while loading a vehicle, and that the plaintiff re-entered the hazardous area without warning.
In a jurisdiction where large plaintiff verdicts are common, the WSHB team successfully dismantled the damages claim through a targeted strategy focused on the plaintiff’s failure to mitigate his injuries, including:
- Missing 34% of prescribed physical therapy sessions
- Declining two recommended surgeries that could have improved his hand function
- Disregarding medical instructions, a fact underscored by two medical professionals on the jury
The jury awarded just $159,096.77 in total damages, a fraction of the demand, and after apportionment for fault, the plaintiff’s net recovery was reduced to $95,458.06 — far below WSHB’s statutory offer.
“This verdict underscores the importance of accountability — not just for how accidents happen, but for how injuries are managed afterward,” said trial partner Ryan Schoeb. “In this case, the jury recognized that responsibility was shared.”
Reflecting on the net recovery falling below the statutory offer, trial attorney Daniel Knuth added, “Our team’s job was to cut through emotion and focus on the facts. The evidence showed that the plaintiff had every opportunity to improve his outcome but chose not to, and the jury’s verdict reflected that.”
Caitlin Reese emphasized, “We were facing a venue where large plaintiff verdicts are the norm, but our strategy resonated because it was grounded in common sense. The jury understood that damages must be based on both the law and the plaintiff’s own actions.”
This win highlights WSHB’s ability to secure favorable results in challenging jurisdictions, even against significant demands in serious injury cases.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.