Pedestrian Injury - Car Accident
Our client, a 36 year old mother of two, was walking to her job at Burger King when she was struck by the defendant’s car. As a result of the collision, she sustained injuries to her shoulder, knee and lower back.
The defendant initially contended that the collision occurred because the pedestrian crossed the street against the light, and because it was raining at the time of the collision. Furthermore, that the impact was very light because the defendant was traveling less than one mile per hour. After depositions were completed, the firm was able to win summary judgment on the issue of liability.
The case proceeded to trial. The defendant hired two experts, one of which was a renowned expert in disorders of the spine, who contended that the plaintiff did not suffer any injuries as a result of the accident. They pointed to a normal EMG taken only two weeks after the accident and a normal MRI of the lower back taken one month after the accident. Furthermore, the MRI of the left knee did not show a torn meniscus that the orthopedist found during surgery and the MRI of the left shoulder did not demonstrate any tears. The firm was able to convince the jury that our client did in fact have a herniated disc because of her clinical presentation when she first saw her doctor, and that the tears found on arthroscopy were caused by the collision. The defendants offered $150,000 to settle the case at the conclusion of the testimony. Our client rejected that offer, and the jury returned a verdict after two days of deliberations for $600,000.