Complex Litigation Team Wins Defense Verdict in $10 Million Personal Injury Case
Dennis B. Kass and Laura McAdams won a defense verdict in Los Angeles Superior Court last month, in a personal injury case brought by a plaintiff whose demands and alleged injuries grew as the trial progressed. The victory spared our clients, who are nearing retirement age, from the nightmare of losing their life savings to a spurious, multi-million dollar injury claim.
After failing to yield to pedestrians in the crosswalk, plaintiff was hit by defendants, who were crossing the intersection while traffic was stopped, resulting in a T-bone collision. Prior to trial, plaintiff claimed traumatic brain injury, soft tissue injuries, erectile dysfunction and depression and demanded $350,000, which grew to $3 million then $5 million in subsequent filings. By the time of trial, plaintiff’s demand had grown to $10 million and his claimed injuries had increased to include a perilymph fistula, which caused vertigo, dizziness, depression and nausea and would prevent him from working for the rest of his life.
Prior to trial, aided by the brief writing of David Ruiz, the team won all 15 motions in limine (MIL) they filed and successfully defended against the 2 MIL filed by plaintiff. At trial, defendant’s medical experts effectively testified that the plaintiff did not have a perilymph fistula and plaintiff’s accident reconstructionist eventually supported our defendants’ version of how the accident occurred, following a brutal cross-examination.
The jury found that our clients’ actions were not a substantial factor in causing the accident, resulting in a defense verdict. Defendants had offered a settlement of $100,000 prior to trial.