January 25, 2024

Kelley Kronenberg Achieves Remarkable Settlement by Using Strategic Social Media Discovery

Kelley Kronenberg’s General Liability team of Partner and Business Unit Leader, David Gordon, and Attorney, Alexandra Mena, successfully defended an Orange County, Florida automobile negligence claim that presented potential exposure exceeding $400,000.00, settling the case for a fraction of its value at a recent mediation.  

The incident involved a collision at the intersection of Aloma Avenue and Phelps Avenue, where our insured, having a solid green light, turned left on Phelps Avenue. The plaintiff’s vehicle, obscured from view by another vehicle, collided with our insured’s vehicle, resulting in deployed airbags and the summoning of EMS.  

Despite the plaintiff’s claims of immediate pain and injury, he delayed his medical treatment by five days, ultimately initiating care with a chiropractor and progressing to MRIs and an ortho evaluation. Our legal analysis identified adverse liability, emphasizing strong defenses targeting causation and damages. 

Our defense team focused on the plaintiff’s history of four prior auto accidents, including rear-end collisions, and pre-existing shoulder and wrist injuries, which led our expert to conclude that, at most, a strain injury resulted from the accident. The team went on to dismantle the plaintiff’s claims of loss of wages, future earning capacity, and diminished vehicle value, as no substantiating evidence was presented. Moreover, no medical professional opined on a permanent injury.  

Crucially, Alexandra conducted a scrutinizing investigation which revealed the plaintiff leading a lifestyle inconsistent with his alleged limitations. Her review of the plaintiff’s public social media accounts uncovered multiple videos of the plaintiff engaging in skateboarding tricks, golfing, and performing various activities, providing compelling evidence against his claimed injuries. 

This key discovery played a pivotal role in Mediation, compelling the plaintiff to reconsider his demand. Our team skillfully utilized this evidence to negotiate a settlement for a fraction of the case’s projected value. Opting for a strategic resolution, our defense team settled the case, sparing our client from protracted litigation costs and the uncertainties of a high jury verdict. 

This case exemplifies the meticulous legal approach employed by the Kelley Kronenberg General Liability team, ensuring a robust defense that navigates complexities with precision and secures favorable outcomes for our clients. We extend our sincere thanks to Chris Moogan and CHUBB insurance for their trust, facilitating the successful resolution of this case.