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Couple Wins $4.9M Against Employer's Insurance Company

March 12, 2009
Daily Business Review
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Pembroke Pines man and his wife won a $4.9 million award against his employer's insurance company because the driver who hit him did not have enough insurance.

Michael Gamsen was a respiratory therapist for Hollywood Medical Supply when he was rear ended in a company van in 2003.

The other driver, Murray Kasten, was underinsured, and State Farm Fire and Casualty provided uninsured motorist coverage for Gamsen's company.

Gamsen had unsuccessful back surgery in 2004 in hopes of alleviating the pain, but it made the pain worse. He hasn't worked since early 2004.

The jury awarded him almost $4.1 million Wednesday for pain and suffering, medical expenses and lost earnings. His wife, Michele, was awarded $800,000.

The verdict in the trial before Senior Judge Richard Yale Feder came six years to the day after the collision.

"He's in pain 24-7 and has difficulty sleeping," said Gamsen's attorney Steven J. Hammer, who tried the case with Sheldon J. Schlesinger P.A. colleague Valerie Conzo. "He's been like this for five years."

State Farm attorney Michael Robb of Clark Robb Mason Coulombe & Buschman Coral Springs said his client plans to ask for a new trial and appeal.

"The jury awarded the man over $1 million when he said he couldn't work when every doctor in the case said he was capable of working," he said.

Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

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