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Florida man heads back to court after winning $1.3 million negligence case

By Charmaine Little | Apr 7, 2017

Law money 04

DAYTONA BEACH, Fla. -- A Florida man was awarded $1.3 million in a negligence case based on a March 31 opinion in the Florida Fifth District Court of Appeal. But his fight isn’t over. 

Alvaro Avila received a $1.9 million judgment, including $1.3 million for future pain and suffering in a case with a man named Mark Thompson, according to the opinion. The details of the case have not been released to the public so it isn’t clear what type of negligence Thompson is accused of.

What is known is that Thompson appealed the $1.3 million. The judge in the Orange County trial court ruled that the judgment was too high and should be reduced by $250,000. But both Thompson and Avila agreed that was unacceptable. The judge then decided it should be given a new trial, and the majority agreed. A jury confirmed Avila should receive the $1.3 million. Still, the judge who wrote the opinion, B.W. Jacobus, made it clear he did not agree with the judgment. And his opinion could win out in the end.

Avila’s legal team hinted the case has a long way to go before it is finished. They did not want to comment on the case because it is still pending. But Ramsey Smathers of The Law Offices of Ramsey Smathers PA said they are still fighting the battle in court as the case “is not resolved.”

Smathers told the Florida Record, “We have another trial ahead of us.”

It hasn’t been confirmed what type of trial they have in the Thompson v. Avila case, but Smathers added she might have a change of heart when it is all finished.

Also representing Avila are Shea T. Moxon of Brannock & Humphries and Michael V. Barszcz.

Messages to Thompson’s legal team were not returned.

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Fifth District Court of Appeal