Dale Parker and Miguel Roura Obtain Zero Verdict in Admitted Liability Case
May 10, 2012
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just completed a three day motor vehicle liability trial, in a case where negligence was admitted by the defense. The defendant client’s truck rear ended the plaintiff, allegedly causing him to hit his head on his steering wheel (despite his claim that he was wearing his seat belt). The plaintiff’s car was totaled as a result of the impact. Treatment for the neck back and right shoulder commenced two days post the accident. After a few month gap in treatment, the plaintiff saw a surgeon for left shoulder problems and went on to have surgery on the left shoulder. The plaintiff claimed medical bills totaling $60,000. Plaintiff also alleged future medical expenses $145,000. The lost wages claim was dropped at the commencement of the trial.
The plaintiff admitted to lying in court, and even his own lawyer yelled at him during the trial about lying. Plaintiff’s surgeon actually laughed at the absurdity of his opinion on future damages. Counsel demonstrated for the jury the gap in plaintiff’s treatment by taking a step backward for every month of no treatment and he ended up almost at the back of the courtroom. In closing, Plaintiff counsel asked the jury for $1,000,000. However, he then told the jury that “I know that you won’t give it to me so I will take $500,000.” After deliberations, the jury found that the defendant’s admitted negligence did not result in any injury to the plaintiff, and returned a zero verdict on damages.
Miguel R. Roura
Dale L. Parker
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