---
title: "Florida: Dump Truck Driver Struck, Injured"
description: "Florida: Dump Truck Driver Struck, Injured"
---

[The Litigation Counsellor®](https://counselfinancial.com/litigation-counsellor)

# [Florida: Dump Truck Driver Struck, Injured](https://counselfinancial.com/litigation-counsellor/florida-dump-truck-driver-struck-injured/)

 Written by [Counsel Financial](https://counselfinancial.com/litigation-counsellor/author/britney) | Oct 26, 2011 9:43:34 PM

A 52-year-old dump truck driver was involved in an accident while on the job. Plaintiff-dump truck driver was heading northbound on a highway when Defendant-driver was heading westbound on an intersecting road. Defendant-driver stopped at the train tracks along the highway for a passing train, waiting to make a left turn. After the railroad gates went up, Defendant-driver turned left and was crossing the highway when the front of his pickup truck struck the passenger side of Plaintiff-driver's dump truck. Plaintiff brought suit against Defendant-driver as well as against Plaintiff's employer. Defendants stipulated to negligence and the case proceeded to jury for a trial on damages. Plaintiff claimed injuries to his neck and lower back as a result of the collision. He underwent a percutaneous plasma disc decompression at the T12-L1 level and a fusion at L5-S1, which his physicians causally related to the impact. The plaintiff also underwent psychiatric treatment for chronic back pain. Defendant-driver argued that Plaintiff's neck and back conditions were either preexisting or were caused by a subsequent motor vehicle accident. The jury found that Plaintiff did not sustain a permanent injury as a result of the accident and awarded $31,000 in past medical expenses.

**VERDICT: $35,000** (after appropriate set-offs and the addition of the plaintiff's costs.)

Brungart v. Allnut, et al.

[View full post](https://counselfinancial.com/litigation-counsellor/florida-dump-truck-driver-struck-injured/)

```json
{
  "@context" : "http://schema.org",
  "@type" : "BlogPosting",
  "author" : {
    "@type" : "Person",
    "name" : "Counsel Financial"
  },
  "dateModified" : "2018-04-26T14:17:21.921Z",
  "datePublished" : "2011-10-26T21:43:34Z",
  "headline" : "Florida: Dump Truck Driver Struck, Injured",
  "image" : {
    "@type" : "ImageObject",
    "height" : 60,
    "url" : "/hs/hsstatic/content_shared_assets/static-1.4092/img/default-amp-logo.png",
    "width" : 60
  },
  "mainEntityOfPage" : "https://counselfinancial.com/litigation-counsellor/florida-dump-truck-driver-struck-injured/",
  "publisher" : {
    "@type" : "Organization",
    "logo" : {
      "@type" : "ImageObject",
      "height" : 60.0,
      "url" : "https://1958486.fs1.hubspotusercontent-na1.net/hubfs/1958486/counsel_interim-logos_lockup-vertical_blue_rgb.png",
      "width" : 61.998333
    },
    "name" : "The Litigation Counsellor®"
  }
}
```