The Law Offices of Robin Bresky Successfully Provides Trial Support for Personal Injury Firm


Appellate attorney Jeremy Dicker of The Law Offices of Robin Bresky recently provided pre-trial, trial, and post-trial support for a plaintiff’s personal injury law firm, including a seven-day trial. The matter was eventually resolved in the plaintiff’s favor through a post-trial settlement.

The trial attorneys represented a plaintiff who was injured while backing out of a parking spot on the defendant’s premises. The crash occurred at night and it was pitch dark because there was no lighting, but the plaintiff’s head was turned and she was properly trying to see over her shoulder when she hit a pallet of pavers. The pavers had been left in the parking lot by the co-defendant, a construction company hired to repave the parking lot of the defendant’s premises. The area around the construction materials lacked safety cones, caution tape, or barricades. The plaintiff slammed on her brakes after hitting the pavers and was injured by the impact.

In the pre-trial phase, the trial attorneys requested our assistance drafting and responding to motions in limine and a motion for a jury instruction on spoliation of evidence; drafting a memorandum of law in support of a motion to strike an expert witness (a Daubert challenge); drafting a motion to take judicial notice of ordinances and building codes; and drafting proposed jury instructions. Attorney Jeremy Dicker, a former career staff attorney for a Justice of the Florida Supreme Court, provided this assistance which necessitated extensive legal research and writing.

Mr. Dicker also attended the seven-day trial wherein he provided on-the-spot legal research on a myriad of legal issues that arose throughout the trial and he helped trial counsel preserve trial court error through the lens of an appellate attorney. This function was important, as all trial lawyers should strive to make a good record for a potential appeal and appellate courts generally cannot consider an issue unless it was raised in the lower court. Examples of issues in this trial included juror rehabilitation, judicial notice, use of demonstrative evidence, a special jury instruction request regarding non-delegable duties, the rule of sequestration, conformance of pleadings to the evidence, social media admissibility, the binding nature of a corporate representative’s testimony, the striking of undisclosed expert opinions, and motions for mistrial. From his perspective as an appellate lawyer, Mr. Dicker routinely strategized with the trial attorneys from start to end, including jury selection.

The plaintiff obtained a favorable jury verdict, which found both defendants to be negligent. Following the verdict, the defendants filed several post-trial motions asking the trial court to set aside the verdict and/or order a new trial. Mr. Dicker assisted in drafting a memorandum of law relating to the plaintiff’s response in opposition to the post-trial motions as well as performing legal research as to future medical expenses. The parties subsequently resolved the matter by entering into a settlement agreement. The Law Offices of Robin Bresky is glad that the personal injury firm reached out for assistance, and Mr. Dicker was pleased to provide the trial support and help the plaintiff receive justice in her case.