Immediately prior to jury selection, Phil Russotti obtained a 2.5 million dollar settlement for a 57 year old man who was struck by a car while walking his dog on the side of a roadway that did not have sidewalks. He suffered a fractured ankle, ruptured spleen and extensive internal bleeding caused by the ruptured spleen. The bleeding caused plaintiff's long standing kidney insufficiency, which had been managed only with monitoring, to progress to acute renal failure, necessitating permanent dialysis. He is now a candidate for a kidney transplant. The trial strategy certainly played a role in settling the case.
The defendant's attorney was aware that if the case was tried, Phil would have cross-examined the defendant about a subsequent D.W.I. to which he plead guilty. Additionally, Phil would have endeavored to confront the defendant with a statement he made to the D.M.V. in which he said that the plaintiff had walked into the side of his car but the plaintiff's dog had more sense than the plaintiff because he avoided the car. The prospect of the jury becoming aware of this evidence clearly provided significant leverage for Phil in negotiating this settlement.