CSK Partners Gene Kissane and Benjamin Esco received a great trial result, following a 7-Day Trial for a very serious auto accident case. The 17-year old plaintiff was a passenger in the backseat of our 17-year old insured’s new BMW. The insured was driving his friends to school. The insured was speeding (62 in a 40 ) and ran a red light. At the same time, another car was making a left turn into the intersection, and the insured struck the other car without braking, causing the insured’s vehicle to careen into a light pole, stopping the car instantly.
The backseat passenger, whom we contended was unbelted, struck his head on the metal Headrest frame and sustained a concussion with an open head wound (100 Stitches) and a fractured neck. He was unconscious for 10-20 minutes and claimed severe brain damage and an aggravation of a pre-existing learning disability. Past meds were approximately 400k, including 3 hospitalizations, open neck surgery, and a subsequent syncopal admission, with continued balance/tinnitus/Vestibular/ROM therapy for the past 4 years, and continuing in the future. The plaintiff continues to treat.
Plaintiff’s testifying medical experts included a neurosurgeon, a neurologist, a behavioral psychologist, a Balance Disorder Doctor, and a neuropsychologist. They also offered an Accident reconstruction Expert and a Biomechanical/Biomedical Expert.
CSK was able to strike the claim for 53.4 years of future medicals.
In closing, Plaintiff asked for $13.2m and that the jury apportion 100% fault against our insured driver. The Jury deliberated a little over two hours and returned a Verdict (after application of the lien reduction for past meds) of $766k, of which we were to pay only 30%. The jury apportioned 55% fault against the Fabre Driver and 15% Comparative Negligence against the plaintiff, based on our seatbelt defense. Our insured’s portion of the Total Verdict was therefore $230k, which after application of another setoff for a pre-suit contribution by a primary carrier, resulted in a Net Judgment entered against our insured of Zero dollars.
CSK’s Elisabeth Espinosa and Leah Ikerd assisted with evidence preparation and jury instructions. A special thanks also during trial to Sam Basch, Dennis Egitto, Scott Cole and Tom Hunker for legal and expert testimony analysis during trial.
Our team is available to discuss the topics written here and ready to provide additional information contained in this article. Contact us for more information.
