SUCCESS STORY

Cleaning the Slate: Using Witness Strengths to Dispel Juror’s Pre-Conceived Notions

Claims Alleged: Automotive Defense; Personal Injury

Injuries Alleged: Back and Neck Injuries

Cleaning the Slate: Using Witness Strengths to Dispel Juror’s Pre-Conceived Notions

The Overview

A Smith Freed Eberhard attorney obtained a defense verdict from a trial where liability and damages were disputed by way of a thorough analysis of Plaintiff’s medical records coupled with a concerted effort to dispel the pre-conceived negative attitudes toward elderly driving among the jurors.

The Background Story

Smith Freed Eberhard represented a 96 year-old client who passed away a few months before trial. The client was confident that, at the time of the incident, she was traveling through a green light and that the co-defendant failed to yield and turned left in front of her. In so doing, they pushed both defendants into plaintiff who was fully stopped at a traffic light. 

Co-defendant argued that, in addition to speeding, the client was too elderly to drive and, had she been younger and more alert, she could have avoided the collision.  Plaintiff also claimed that he required surgery to alleviate his continued neck pain caused by the accident.

The Strategy

During jury selection questioning, it was clear that the jury, based on their own experiences, were concerned with elderly persons driving.  As such, the defense immediately alleviated this concern through its opening by highlighting the testimony that the jury would hear via a video deposition of the client. That testimony would prove that she was not confused or slow at reacting, as she had very detailed and clear testimony as to the streets she traveled and the route she would have taken if not for the accident. The testimony would also include an independent witness who would testify that the light was green and that there was no way for the driver to avoid the accident.

The defense included challenging plaintiff’s claim that he needed future surgery. Medical experts for the defense had concluded that plaintiff’s continued issues were due to his poor posture. Plaintiff had never shown his treating providers the prior records and his testifying chiropractor claimed he had no prior issues. Plaintiff was impeached with a prior record (that otherwise would have been barred because Plaintiff was asymptomatic in the couple of years before the collision) that showed that Plaintiff did have prior neck pain due to posture issues. Plaintiff even displayed a forward head posture throughout trial, which defense experts pointed out during his testimony. Further, plaintiff had retained a rebuttal expert who, due to time constraints, was subject to a video deposition in the middle of trial. The defense’s cross-examination was so effective and impactful that plaintiff counsel elected to forego showing the jury that testimony.

The Outcome

Smith Freed Eberhard achieved yet another defense verdict. The judgement faced by the co-defendant was less than pre-trial settlement offers. The jury also rejected plaintiff’s claims of future medical treatment as it did not believe that the accident was the source of his continued complaints.

Categories
Read More
Success Story Commercial Liability Defense Dog Bite Negligence Tenant Landlord Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case Thursday October 26, 2023 By: Brian Schiewe
Success Story Bad Faith Billion Dollar Bust Thursday June 2, 2022 By: Cliff Wilson
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Firm Authorship
Success Story Automotive Defense General Litigation ORS 20.080 Attorney Fee Personal Lines Taking a Case to Trial During COVID-19 Wednesday September 22, 2021 By: Firm Authorship
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Firm Authorship
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Automotive Defense General Litigation Motorist Minor Impact Personal Lines The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage Tuesday August 11, 2020 By: Firm Authorship
Success Story Commercial Liability Defense Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Safe Harbor Letter Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Let’s talk

Tell us about your legal challenge.
Then we’ll tell you how we can help.