Jury Finds Plaintiff’s Claimed Injuries Were Not Result of Automobile Accident

December 2012

Overview

Jack Liebhaber of Gray•Duffy’s Encino office obtained a defense jury verdict in a lawsuit arising out of an automobile accident where the defendant’s admitted liability for the accident. The jury agreed with Mr. Liebhaber’s position that none of the plaintiff’s $189, 283.38 in medical expenses were a result of the accident, including the cost of her neck surgery.

Discussion

Gutzweiler v. Hulbert The three-vehicle accident occurred on July 3, 2008 on a busy freeway in Los Angeles, where Gray•Duffy’s client rear-ended another vehicle who was carrying a passenger. The photographs of the accident show minimal damage to the defendant’s vehicle. However, the plaintiff claims that his seat broke as a result of the incident, resulting in neck and back injuries. The plaintiff had MRI’s and CT scans performed which showed degenerative disc conditions to his cervical and lumbar spine areas and had surgery nearly three years later. The plaintiff’s medical expenses claimed at trial were $189,283.38, most of which related to the surgery. Prior to trial, the plaintiff made a policy limits demand in the amount of $250,000. On behalf of the defense, a statutory offer was made in the amount of $50,000 and increased to $75,000 just before verdict, which were both rejected by the plaintiff. At trial, the jury found that the accident did not cause the plaintiff’s claimed injuries. The impact was relatively minor as evidenced by the minimal damage to the vehicles. The jury voted 12-0 in favor of the defense, even though the accident was admittedly the defendant’s fault. The defense is claiming costs in the amount $58,765 as a result of this verdict, which the court is expected to award in favor of the defense. The plaintiff has now filed a motion for a new trial. If you have been involved in such an accident or a similar incident involving a motorcycle, then you may want to get in contact with a motorcycle accident lawyer in Austin (or another experienced lawyer that is local to you), so you are able to get the help and support you need during this difficult time.

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.