Bakersfield Brain Damage – DUI Case With 40% Negligence On Opposing Driver
October 2017, We received this case approximately 30 days before the initial trial date in Bakersfield. Our client, a Veteran and just starting treatment for cancer at the Veteran’s Administration Hospital, was involved in a collision after he had a couple of drinks with friends before being scheduled to travel to Los Angeles for treatment. He was driving the short distance home and made a left turn in front of the plaintiffs’ vehicle which was speeding in his direction.
Counsel for plaintiff sought to “set up” the defendant’s insurance carrier. The claims presented to defendant’s carrier provided minimalist information. Plaintiffs’ treatment was sparce until after the policy limit demand had expired. Plaintiffs, two young siters, then attended multiple attorney-referred, doctor visits in an effort to prove that they suffered from orthopedic injuries and brain damage.
After the matter was transferred to us, we were successful in obtaining a trial continuance and the necessary Independent Medical Examinations to give the jury a truly objective view of what injuries the two young lady plaintiffs had sustained, if any. We were able to retain the experts necessary to counter the “usual suspects” that appear for orthopedic/brain injury cases in Bakersfield.
The matter proceeded to trial with Scott Macdonald representing defendant. Also present was Laura Reichenbach who provided trial support. At trial, the plaintiffs were significantly impeached with the assistance of damning “sub rosa” video and otherwise questionable proof. Defendant’s team of experts was successful in proving the jury that the significant impact experienced by plaintiffs did not cause the injuries claimed.
Counsel for plaintiff asked the jury to award upwards of $15,000,000 in damages for the plaintiffs. The jury awarded $71,000 and $115,000 for the two plaintiffs. This was after the jury had found the plaintiff driver 40% negligent for speeding.