Miguel Roura and Dale Parker recently obtained an outright defense verdict in an admitted liability trial involving a side swipe motor vehicle accident. The plaintiff’s vehicle sustained $4,000 in property damage. The defendant admitted fault for the accident. Plaintiff, the front seat passenger, was taken to the emergency room via ambulance.
The plaintiff began treatment two days later with a chiropractor for neck, mid back, and low back complaints. He treated for 7 months and was referred to a physical medicine and rehabilitation physician for continued low back pain. A Lumbar MRI revealed spondylolisthesis and spondylolysis at L5. The plaintiff continued to treat for one more year and received multiple epidural steroid injections from a pain management specialist.
The defense was able to show that the plaintiff failed to meet his burden of proof by attacking his credibility. The plaintiff admitted to lying in court. His treating physicians were each forced to admit that their previous opinions would likely change based upon inaccurate and incomplete medical and accident history. Plaintiff’s chiropractor admitted that future chiropractic care was not reasonable and necessary. Furthermore, the defendant was able to show that the plaintiff’s injuries were not caused by the accident, since there was no evidence of an acute injury.
In closing, plaintiff asked the jury for $67,000 in “conservative damages.” The defense recommended $0. After deliberations, the jury found that the defendant’s admitted negligence did not result in any injury to the plaintiff, and returned a $0 verdict on damages.