Gray•Duffy Obtains Defense Jury Verdict and Judgment for Costs Against Plaintiff in Automobile Accident Lawsuit

April 2010

Overview

Jack Liebhaber of Gray•Duffy’s Encino office obtained a notable jury verdict in a lawsuit arising out of an automobile accident where the defendants admitted liability. As the jury found no causation for the plaintiff’s alleged injuries, the defense verdict resulted in a judgment for costs against the plaintiff for approximately $59,000.

Discussion

Kim McOwan vs. Marni Ball, Byron Ball Gray•Duffy’s client, Marni Ball, was driving a Ford Expedition with her young son and stopped at a red light behind a Mazda Miata. When the light turned green, Ms. Ball began to move forward before the plaintiff began to move, causing a low impact collision. There was no discernible damage to either vehicle. The plaintiff claimed neck and back pain as a result of the accident and sought medical treatment from a chiropractor, incurring medical expenses of $5,148 for four months of physical therapy. Approximately 10 months after the accident, the plaintiff went to numerous doctors and ultimately had neck surgery in July 2007 for a herniated disc. Her total medical expenses claimed at trial were $104,901.98. Prior to trial, the plaintiff made numerous policy limit demands of $100,000. On behalf of the defense, Mr. Liebhaber made a statutory offer in the amount of $25,000 which the plaintiff rejected. At trial, the jury found no causation between the accident and the plaintiff’s claimed injuries, particularly since she had three prior automobile accidents, and because she had claimed neck and back injuries as a result of at least two of them. As a result of the defense verdict, the defendants were awarded approximately $59,000.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.