Dan Fleming Secures Victory for Client: Jury Clears Driver of Liability in High-Stakes Collision Case

Ian and Maritza Kreeger’s consolidated cases against CSXT and its driver Gordon Fikes were tried during the week of August 26, 2024, with the jury returning verdicts on behalf of CSXT and its driver in both cases on Friday afternoon.  Plaintiffs were represented by Anthony Caggiano of Florida Trial PA and Dan Fleming of Johnson Pope represented Defendants. The lawsuit arose out of a 7/1/19 rear end collision where CSXT’s full size pickup truck ran into the Kreeger’s Ford Fusion.  Each Plaintiff underwent two neck surgeries following the accident resulting in hardware in each of their spines with a third surgery currently recommended for Mr. Kreeger.  CSXT had previously admitted liability on its own behalf and on behalf of its driver, Mr. Fikes.  Plaintiffs’ counsel asked the jury for $12,719,091 during closing argument and Defendants’ counsel recommended $236,332.  Prior to trial, Plaintiffs’ final demand was $3,000,000.After deliberating for less than three hours the jury returned a unanimous verdict answering no to the first question on both verdict forms which asked: Was there negligence on the part of Defendant Gordon Fikes, for which Defendant CSX Transportation has stipulated responsibility, which was a legal cause of loss, injury or damage to Maritza (Ian) Kreeger?  In addition to Mr. Fleming, Johnson Pope attorney Kevin Tragesser assisted in the defense and appeared at trial on behalf of Defendants.