For a second time within a month, Shareholder Jim Jendryk obtained an outstanding verdict on behalf of his defendant client. At the close of trial, the plaintiff’s lawyer asked the jury for $1.7 million in damages.
The case arose out of a 4-car collision during which Mr. Jendryk’s client rear-ended a vehicle, which was then pushed into the plaintiff’s vehicle and ultimately a fourth vehicle. Following the collision, Mr. Jendryk’s client got out of her car, sat on the curb, and began crying. As a result, our client admitted negligence and freedom from comparative negligence in this case.
The plaintiff, a 59-year-old male, was back-boarded from the scene and was treated and released from the Condell Hospital ER without significant findings but, 8 months later, underwent a fusion from L1-to L5. Despite prior back problems the plaintiff had (including a prior fusion at L3-5), plaintiff’s doctors were adamant that the car accident resulted in the need for the fusion surgery and the $445,000 in medical bills.
To disprove their claims, Mr. Jendryk relied on a letter written by plaintiff’s physician and dated one week prior to the accident. The letter was to a back surgeon and stated that plaintiff had been advised that an L-1 to L-5 fusion was necessary and that plaintiff would likely be in touch to plan it in the near future. Plaintiff did not schedule the surgery until the following year, after his current employment contract was not renewed because of lack of work.
The jury did an excellent job in identifying the fact that what the plaintiff really suffered was a soft tissue exacerbation of a preexisting condition and that the surgery was not related to the auto accident. The jury awarded the plaintiff only $47,000.
