Partner Jennifer Russell And Senior Counsel Win Doan Had A Favorable Verdict in A Highly Contested Case Where Plaintiff Underwent Surgery On The Eve Of Trial

The FWHB team, Jennifer Russell and Win Doan prevailed in a highly contested case. This case involved an automobile vs. automobile, rear-end, admitted liability accident. The trial lasted approximately two weeks before the Hon. Judge Brian McCarville of the San Bernardino Superior Court. The verdict was reached on March 26, 2019.

Plaintiff was 34-years-old and alleged significant injuries to her neck and back following the rear-end accident.  Plaintiff received chiropractic care, physical therapy and epidural injections.  In the week prior to the original trial date, plaintiff underwent back surgery. The trial was continued just 30 days. At the time of trial the jury was shown the fresh scar from the surgery and heard emotional testimony that plaintiff’s life would never be the same. Plaintiff claimed the need for future treatment including further injections, surgery and life long pain and suffering.

Result: Prior to trial plaintiff demanded the $100,000 policy limits and would not negotiate. Plaintiff asked the jury to award $1.1 million dollars. Ms. Russell argued the surgery was not reasonable nor related to the accident, the specials before trial were approximately $200,000 with the surgery. The jury deliberated for a little over three hours and awarded $80,000, less than the specials. ($50,000 past meds, $25,000 past general, $5,000 future meds, and $0 future general).