Our client was rear-ended in a parking lot leaving a concert. The defense initially claimed our client came to a sudden and unexpected stop causing the crash. Our client underwent 2 level anterior cervical discectomy and fusion. During the Defendant’s deposition we were able to get him to concede there was extensive traffic at the time of the crash and he was aware that cars were having to stop to allow others vehicles to exit. We also were able to get the Defendant to concede he was distracted by the 3 children in the back seat of his car who wanted to talk about the concert they had just attended. After the Defendant’s deposition we filed a Motion for Summary Judgment on liability which was granted. The Defendant than attempted to argue that our client’s injuries pre-dated this crash and were caused by a roller skating accident our client had a few years before this crash. The Defendant also claimed our client’s future damages where related to a subsequent crash she was involved in after our crash. At trial we were able to show through our client’s doctor’s that her prior roller skating injuries did not involve her neck which is what was injured in this crash. We also were able to have them clearly explained that the client’s need for future medical treatment was based on the surgeries that had already been performed before the second crash. Prior to trial the defense allowed a proposal for settlement for the Defendant’s policy limits to expire. The jury returned a verdict not only finding for our client, but also triggering our proposal for settlement. Ultimately, the case resolved post verdict for more than 10 times policy limits.
Practice Areas: Motor Vehicle Accident