Auto Accident Attorney in Orlando Wins in Florida Supreme Court

Local College Park, Florida resident, Jill Marsh, hired the Law Offices of John Stemberger in 1997 to help her with an unfortunate and difficult set of circumstances involving multiple car collisions causing the development debilitating and permanent injuries. Our client developed into Myofascia Pain Syndrome and then the rheumatoid disorder known as Fibromyalgia. Fibromyalgia is a chronic pain syndrome which results from a disruption of the central nervous system.

On the first day of trial right before the jury was picked, the opposing counsel argued that Jill's treating Orthopedist, Rheumatologist and Physiatrist (all of whom were board certified medical doctors and experts in their respective specialties) were not able to render their professional opinions that the multiple and repeated, trauma Jill sustained from the auto collisions were the cause of her myo-fascia pain syndrome and Fibromyalgia.

Attorney John Stemberger strenuously objected and argued that the testimony of the doctors was not subject to the special "Frye" standards for the admissibility of evidence. A second trial produced the same ruling.

Years ago medical schools and physicians knew very little about Fibromyalgia. However even over the ten year course of the long life of this case, many new discoveries and studies have been performed which answer a lot of questions about this potentially debilitating condition. Fibromyalgia is a chronic pain syndrome which results from a disruption of the center nervous system causing widespread pain, a sleep disorder and several other physical complications. Fibromyalgia is also often commonly developed in some people after trauma to the neck and or cervical spine such as after auto collisions.

After two attempts to try the case before a jury, both times our client's case was blocked by the trial judge from proceeding forward. The Firm appealed the matter to the Fifth District Court of Appeal but after briefing and oral argument, the insurance industry defendants won in that lower appellate court. "But I knew we were correct on the law and I believed strongly in my client's case." stated Attorney Stemberger, "so we were prepared to go as far as necessary to get justice for our client."

Persistent in the knowledge that a correct a legal ruling should have allowed the doctors to give testimony at trial, The Firm then appealed the case to the Florida Supreme Court. Aided by co counsel Attorney Shannon Akins who is now "Of Counsel" to The Firm, the case was thoroughly briefed, and argued before the highest legal authority in Florida.

After ten long years of litigation, two trial attempts and two full appeals our client won the appeal and prevailed in the highest court of the state because of the Firms persistent advocacy. This case was one of first impression for the high court in Florida and so new legal precedent was created which will help others who suffer from this condition also.

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