Adult/Nursing Home Liability

In a case against an Adult Home where liability favored the plaintiff, we made a calculated and reasoned decision based upon our pre-trial evaluations to try the case to conclusion and have the jury render a verdict because plaintiff’s counsel refused to negotiate a settlement for an amount below $3,000,000. After testimony from plaintiffs two treating Neurosurgeons, a Vocational Rehabilitation Expert, Life Care Planner and treating Urologist, the defense presented the testimony of their expert neurologist who refuted plaintiff’s claims of permanency, past and future lost earnings and past and future pain and suffering. The defense expert testified that the sole cause of plaintiff’s alleged injuries were the result of a progressive degenerative spinal condition which pre-dated the date of the accident in question. Defendant’s expert reviewed 14 years of medical records. Through his testimony we were able to establish that the injuries alleged by plaintiff were not the result of the accident in question but were the result of plaintiff’s spinal degeneration. After deliberating over the course of two days, the jury returned a verdict of $250,000 and refused to make any award for either past or future lost earnings or future pain and suffering. In addition, the jury found the plaintiff to be 30% responsible for the accident thereby resulting in the award to the plaintiff being reduced to a total of $175,000; an amount far below the settlement offer to plaintiff’s counsel. As a result of the favorable Jury Verdict, plaintiff’s counsel was forced to initiate post-trial motions seeking to either set aside the verdict or for an additur to the jury award. The post-trial motions are currently pending before the Trial Court.