Jury Refuses to Award Costs for Unnecessary Surgery and Alleged Brain Damage
May 2018, Plaintiff sought $6,500,000 at trial for a knee surgery, lumbar fusion and alleged traumatic brain injury. The jury awarded just over $41,000, substantially less that our pre-trial offer of $300,000. We were entitled Section 998 costs. The net result achieved by Scott Macdonald with trial support from Laura Reichenbach was a “walk-away”.
Our client was a trucking company. The accident involved a tractor/trailer and tractor that collided when one of the vehicles ran a red light. While the San Bernardino jury found our client negligent, the jury apportioned fault between the parties.
We conceded that a knee surgery was caused by the accident. We disputed that the lumbar fusion was reasonable and necessary. We disputed the traumatic brain surgery. The jury agreed. The medical bills and lost earnings awarded were consistent with the contentions we made on all counts. The jury rejected all claims for future economic and non-economic damages.