Case Background
The legal battle began when Brooke and Benjamin Tsao filed a lawsuit following a motor vehicle collision in Duval County, Florida. The couple sought damages in excess of $75,000 after Brooke Tsao's 2017 Honda Pilot was struck from behind. Initially, the Tsaos named both the driver of the other vehicle, Ann Darmer Harvill, and their own insurance provider, GEICO General Insurance Company, as Defendants. The case moved through the Fourth Judicial Circuit Court under the supervision of the Honorable Virginia B. Norton.
The litigation involved complex layers of liability and insurance claims. While Count I focused on the direct negligence of Harvill, the Tsaos also pursued GEICO for underinsured motorist (UM) benefits. They alleged that Harvill’s insurance limits were insufficient to cover the total damages, triggering the need for their own "stacked" UM coverage, which carried limits of $250,000 per person and $500,000 per occurrence.
By early 2020, the Defendants had begun their formal response to the allegations. Ann Darmer Harvill, represented by counsel through State Farm Mutual Automobile Insurance Company, admitted to the basic facts of the accident's location and her ownership of the vehicle but denied being negligent or responsible for the full extent of the Tsaos' reported injuries. She raised several affirmative defenses, suggesting that Brooke Tsao might have contributed to the accident and arguing that any eventual judgment should be reduced by payments from collateral sources.
As the case progressed toward its 2026 trial date, the focus shifted heavily toward a bad faith claim against GEICO. The Tsaos argued that GEICO had failed to act fairly and honestly by refusing a $500,000 settlement offer made shortly after the crash in November 2019. This set the stage for a jury to eventually determine the true value of the claim and whether the insurer had breached its duty to its policyholders.
Cause
On October 30, 2019, Brooke Tsao drove her 2017 Honda Pilot southbound on I-295 in Jacksonville, Florida. As she approached the intersection with Heckscher Drive around 4:19 p.m., Ann Darmer Harvill followed behind her in a 2006 Honda Odyssey. Harvill failed to maintain a safe distance or use reasonable care in operating her vehicle, which resulted in her crashing into the rear of Tsao’s SUV.
Injury
The rear-end collision caused Brooke Tsao to suffer permanent bodily injuries. Medical evaluations determined to a reasonable degree of certainty that the crash resulted in physical disability, disfigurement, and the aggravation of pre-existing physical conditions. These injuries led to significant pain and suffering, mental anguish, and a permanent loss of her capacity to enjoy life.
Damages Sought
Brooke and Benjamin Tsao filed suit seeking damages in excess of $75,000. Brooke sought compensation for her medical expenses, the loss of past earnings, and the projected loss of her future ability to earn money. Additionally, Benjamin Tsao filed consortium claims, asserting that the injuries his wife sustained deprived him of her services, comfort, and companionship. Because Harvill’s insurance coverage proved insufficient to cover the total extent of these losses, the Tsaos also pursued underinsured motorist benefits from their own provider, GEICO.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Brooke Tsao and Benjamin Tsao.
Counsel for Plaintiffs: Seth A. Pajcic | Chelsea Russell Harris | Daniel A Iracki
Experts for Plaintiffs: Rick Robinson | Richard J. Boehme | Christopher Roberts | Mark Emas | William Faunce | Marrow Burnette | Mark Frisk | Zachary Hester | Arpitha Ketty | Andrew Cannestra | Syed Asad
Defendants: Ann Darmer Harvill | GEICO General Insurance Company.
Counsel for Defendants: Alexis Marie Clay | Kendra B Therrell | Caryn Lynn Bellus | Michael Lee Glass | Jordan Marshall Thompson
Experts for Defendants: Abraham Rogozinski | Eric M. Gabriel |
Jason A. Demery | Marc F. Glickstein | Victoria Spruance | Gil Spruance
Key Arguments or Remarks by Counsel
Claims
The Tsaos argued that Ann Darmer Harvill breached her duty of care to other motorists by failing to operate her vehicle safely. They asserted that this negligence served as the direct cause of Brooke’s permanent injuries. Beyond the negligence of the driver, the Tsaos brought several counts against GEICO. They claimed that although they had paid for "stacked" underinsured motorist coverage with limits up to $500,000, GEICO refused to pay the policy limits even after the Tsaos offered to settle the claim in November 2019.
The legal team further alleged that GEICO acted in bad faith. They argued that the insurance company placed its own financial interests above those of its insured clients by failing to properly investigate the claim or settle fairly when it had the opportunity to do so.
Defense
Ann Darmer Harvill denied the allegations of negligence and demanded strict proof regarding the cause and extent of Brooke Tsao's injuries. Her defense team raised several affirmative defenses to limit her liability. They argued that any recovery should be reduced by payments Brooke received from "collateral sources," such as health insurance or other providers.
Harvill's counsel also invoked Florida’s "No-Fault" statutes, suggesting that the Tsaos might be barred from recovery if the injuries did not meet specific legal thresholds. Furthermore, the defense argued that if discovery revealed Brooke Tsao had been even partially negligent in the operation of her own vehicle, her compensation should be reduced proportionately. They also questioned whether the claimed damages actually stemmed from this specific accident or resulted from unrelated incidents at different times.
Jury Verdict
After hearing the evidence presented at trial, the jury reached a unanimous decision on February 13, 2026. The jurors specifically found that Brooke Tsao had sustained a permanent injury as a result of the crash. This finding included significant and permanent loss of bodily function, scarring, or disfigurement.
The jury awarded a total of $3,356,059.46 in damages. The breakdown of the compensation was as follows:
Medical Expenses The jury awarded $56,059.46 for medical expenses Brooke Tsao had already incurred in the past. Recognizing the long-term nature of her injuries, they awarded an additional $1,000,000 for her future medical care.
Loss of Earning Capacity The jurors determined that the incident significantly impacted Brooke’s career and professional future, awarding $1,300,000 for her lost ability to earn money in the years to come.
Pain and Suffering For the intangible toll of the accident—including physical impairment, mental anguish, and the loss of enjoyment of life—the jury awarded $250,000 for past suffering and $750,000 for future suffering.
Madelyn Whitt, the jury foreperson, signed the verdict form, concluding the trial proceedings in the Fourth Judicial Circuit of Duval County.
Court Documents
