SUCCESS STORY

The Case of the Mysterious Torn Medial Meniscus

Claims Alleged: Automobile Accident; Personal Injury

Injuries Alleged: Permanent Injuries, Lost Wages, Torn Meniscus in Knee

Admitted Liability: Yes (as only to accident)

Amount Claimed: $500,000

The Overview

Smith Freed Eberhard obtained a complete defense verdict for its client in a case involving a family of four that was rear ended by a college graduate.

The Background

A family of four was rear ended by a young college graduate. Cumulatively, they claimed almost $500,000 in damages. All members of the family alleged permanent injuries, lost wages, and the father claimed a medial meniscus tear in his knee.

The Strategy

Smith Freed Eberhard admitted liability in the low impact accident, but denied the family’s injuries all originated from the accident. Facing a highly educated jury in a plaintiff-friendly venue, the defense fought through a five day trial. The plaintiffs relied on an orthopedic surgeon, who testified that the father’s meniscus tear was attributed to the accident despite him having no immediate knee pain at the scene.

We countered by presenting a biomechanical engineer and appealing to the jurors’ common sense. Using its characteristic skill and experience, Smith Freed Eberhard attorneys kept all four plaintiffs separate and navigated through their extensive medical histories. We presented photographs that showed the jury how low impact the accident was and provided an expert that showed how unlikely it was for this accident to result in the injuries claimed.

The Outcome

Ultimately, the jury perceived the plaintiffs as over-reaching and returned yet another a complete defense verdict for our client.

Categories
Read More
Success Story Breach of Contract Breach of Express Warranty Jurisdiction Negligence Strict Liability Secured Motion to Dismiss: Personal Jurisdiction in RV Collision Case Monday July 29, 2024 By: Melanie Rose
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 Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Ashley Nagrodski
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 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
Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Hit and Run Dismissed 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.