Monthly Archives: June 2019


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.