Fresno Victory for Scott Macdonald
Fresno Victory for MacDonald Cody: Jury Awards Plaintiff Just 15% Over Defendant Pre-Trial Offer, More than 75% Below Plaintiff’s Sought Damages
On February 28, 2019 a Fresno jury awarded plaintiff roughly $1,495,000, just slightly over the pre-trial offer of $1,300,000. Plaintiff had refused to negotiate below their multi-million dollar demands and asked the jury to award between $6,800,000 to $8,900,000 in damages. During trial plaintiff dropped their demand to $2,850,000.
The accident occurred when defendant’s truck rear-ended the plaintiff’s pick-up. Plaintiff immediately underwent attorney-referred treatment which resulted in a lumbar surgery. Thereafter, plaintiff was referred to a Los Angeles doctor who did a multi-level cervical fusion. During the procedure, the doctor put in a screw that was too long and which caused plaintiff nerve injury. Plaintiff was forced to undergo a revision surgery to repair that mistake. Plaintiff claimed that he was no longer able to work. The defense conceded that the lumbar surgery was necessary for long-standing degenerative conditions. However, the cervical surgery was neither necessary nor related to the accident. The defense disputed that the plaintiff was unable to work and presented a vocational rehabilitation expert on the subject.
Plaintiff asked the jury to award $753,965 in medical bills. The jury awarded $98,000. Plaintiff asked for $1.4 to $1.5 in future medical specials, and the jury awarded $247,000. Plaintiff asked for $630,000 in past and future loss of earnings, and the jury gave roughly $400,000. Plaintiff asked for $4,000,000 to $6,000,000 in past and future pain and suffering. The jury awarded $500,000 in past pain and suffering and $250,000 in future pain and suffering.