Case Background
Mark Earl Gregory filed a lawsuit in Orange County, Florida, against Alexandra D. Lowenthal, Todd Simon Lowenthal, and Allstate Fire and Casualty Insurance Company. Gregory, a resident of Sumter County, claimed that the Defendants' actions caused him severe and permanent injuries following a motor vehicle accident. The complaint stated that Alexandra Lowenthal operated a vehicle owned by Todd Simon Lowenthal, and that Allstate had issued Gregory a policy that included uninsured/underinsured motorist coverage. Gregory sought damages exceeding $30,000 and demanded a jury trial.
What Led to the Dispute?
The legal dispute began after Alexandra Lowenthal allegedly failed to operate her vehicle with due care and collided with Gregory’s vehicle. She had been driving negligently and caused a substantial impact. The crash reportedly resulted from her carelessness in controlling or maintaining her car at the time and place of the accident. Her vehicle lacked sufficient liability coverage to compensate Gregory for the full extent of his injuries. Gregory’s insurer, Allstate, had promised UM/UIM benefits under his policy. Gregory submitted a claim under that coverage after the incident, fulfilling all obligations, including timely notice and proof of damages. Despite this, Allstate allegedly refused to pay the full value of the claim, triggering a breach of contract allegation. The sequence of negligence, insufficient coverage, and policy denial led directly to the lawsuit.
Injury Suffered
Gregory suffered serious and lasting injuries as a direct result of the collision. These included significant and permanent loss of an important bodily function, along with permanent scarring. He also sustained a permanent injury unrelated to disfigurement. The crash aggravated or activated pre-existing conditions, and Gregory endured physical impairment, pain, and mental anguish. His injuries caused disability and inconvenience and diminished his ability to enjoy life as he once had.
Damages sought
The damages Gregory claimed extended beyond physical injuries. He sought compensation for past and anticipated future medical expenses, along with the income he had lost and the earning capacity he expected to lose going forward. His pain and suffering, coupled with emotional distress and daily functional limitations, added to the value of his losses. These damages continued to affect his personal and professional life, with some expected to persist permanently.
Key Arguments and Proceedings
Legal Representation
Plaintiffs: Mark Earl Gregory
o Counsel for Plaintiffs: Ali Kamalzadeh
o Experts for Plaintiff(s): Ian Zeller | Jonathan Eugenio
Defendants: Alexandra D Lowenthal| Todd Simon Lowenthal | Allstate Fire | Casualty Insurance Company
o Counsel for Defendants: Andrew Gorman | Darrin Chambers
o Expert for Defendants: Randall Rust | Geoffrey Negin | Jacqueline Devine | Ira Fox | Nicholas P. Evangelo | Nathan Carrington
Claims
Gregory brought three legal claims. First, he accused Alexandra D. Lowenthal of negligence in her driving, which caused the crash and his injuries. Second, he asserted that Todd Simon Lowenthal bore vicarious liability as the vehicle’s owner who had permitted Alexandra to drive. Finally, he filed a breach of contract claim against Allstate, alleging that the insurer failed to honor his UM/UIM policy despite proper notice and compliance. Each claim rested on clear factual allegations and followed statutory and contractual frameworks under Florida law.
Defense Arguments
In response to the complaint, Alexandra D. Lowenthal and Todd Simon Lowenthal denied most of the key allegations, including those concerning negligence and the severity of Mark Earl Gregory’s injuries. While they admitted some basic facts such as their residency at the time of the crash and Alexandra’s operation of Todd’s vehicle, they rejected liability for the accident and disputed the claimed injuries and damages.
They raised several affirmative defenses. First, they argued that the complaint failed to state a valid legal claim. They also claimed that Gregory’s own negligence contributed to the crash and should limit or bar any recovery. They invoked Florida’s statutory threshold under 627.737, which requires certain conditions to be met before recovering damages for pain and suffering.
Additionally, they cited statutory caps on damages recoverable from vehicle owners under 324.021(9)(b)(3),and alleged that Gregory failed to mitigate his damages by not following medical advice or using available insurance benefits. The defense also challenged the reasonableness and necessity of the medical bills and sought reductions based on collateral sources like PIP, Medicare, or insurance write-offs.
Jury Verdict
On March 7, 2025, the jury delivered its verdict in favor of Mark Earl Gregory. The jury found Alexandra D. Lowenthal negligent and determined that her negligence legally caused Gregory’s injuries and losses. They did not find Gregory comparatively negligent, assigning zero fault to him.
The jury confirmed Gregory sustained a permanent injury resulting from the crash. They awarded damages for past medical expenses and lost wages. They also granted compensation for past and future pain, suffering, disability, and emotional distress.
