Facts: The plaintiffs were a mother and daughter who were involved in 2 separate automobile accidents within 2 months of each other. The FWHB team represented the defendant in the first accident and the defendant in the second accident had different counsel. As a result of the accidents the mother alleged injuries consisting of neck and back orthopedic problems and the need for surgery along with headaches and psychological injuries and a traumatic brain injury with the need for 24 hour a day attendant care for the rest of her life. The daughter alleged injuries, which were not as severe, but she also claimed emotional distress due to witnessing the injury to her mother and caring for her mother. Both defendants admitted liability for their respective accidents so the trial was on causation and damages along with potential apportionment between the 2 defendants. There was extensive expert testimony consisting of orthopedic surgeons, neurosurgeons, pain management doctors, neurologists, neuropsychologists and life care planners.
Damages: Plaintiff underwent emergency room treatment, chiropractic care, pain management including facet and epidural injections and the surgical implantation of a spinal cord stimulator. Plaintiff’s doctors testified she needed further treatment including back surgery, a lumbar fusion. Due to the head injury and cognitive issues, plaintiff’s doctors testified she sustained a moderate traumatic brain injury and would need future care with a life care plan of over 1 million dollars.
Demand: Prior to trial, plaintiff demanded 3 million dollars. During trial and prior to verdict plaintiff lowered the demand to $750,000. Prior to trial defendant offered $100,000. During trial and after the defense prevailed on a non-suit knocking out several key components of plaintiff’s damages defendant offered $10,000.
Result: The trial lasted 21 days and after deliberating for 6 hours the jury returned a defense verdict of zero. In addition, plaintiff’s failed to beat our client’s statutory offer and costs in excess of $150,000 were awarded to our defendant.