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.