Insights
Florida Supreme Court Continues to Allow Asymmetric Discovery between an Insured Defendant’s Retained Expert and an Injured Plaintiff’s Health Care Provider
February 22, 2022
Eric Neiberger handles complex and catastrophic claims involving uninsured motorists, automobile and trucking accidents; environmental property damage; premises liability and other general liability claims.
Eric defends trucking companies in lawsuits ranging from straightforward to catastrophic personal injury losses or wrongful death cases and cargo losses. He serves on the 24/7 emergency response team for Wilson Elser clients, providing 24-hour, on-site client assistance in mobilizing experts, investigators and client control immediately after catastrophic events.
A former Federal Civil Rights Litigator with the Florida Office of the Attorney General, Eric spent the first five years of his career defending law enforcement officers in state and federal trial and appellate courts throughout the State of Florida. He also served as the Deputy State Ombudsman for the Florida Long-Term Care Ombudsman Program for a year and a half prior to entering private practice.
Away from the day-to-day practice of law, Eric is extremely interested in legal and civic management and leadership, frequently volunteering his time to charity, and has served on numerous boards and organizations in various leadership capacities.
Sean McDonough (Partner-Tampa) and Eric Neiberger (Of Counsel-Orlando) secured a favorable verdict in Duval County Circuit Court in Jacksonville, Florida, convincing the jury that the plaintiff did not sustain a permanent injury and was not entitled to damages for pain and suffering following a minimal-impact motor vehicle accident. The plaintiff alleged that the accident caused herniated discs in his neck and back, leading to injections, radiofrequency ablation (RFA), and a $3.2 million life-care plan. Wilson Elser conceded negligence and past medical expenses on behalf of the client, and the jury awarded approximately $113,000 in past and future medical expenses – well below the client's proposal for settlement served more than two months before trial. As a result, Wilson Elser is moving for fees and costs and will be seeking an award of fees and costs that exceeds plaintiff’s verdict.
Sean M. McDonough and Eric Neiberger