MOTOR VEHICLE ACCIDENT ● $707K SOUGHT AT TRIAL ● $272k JURY VERDICT AND FORCED ABANDONMENT OF PUNITIVE DAMAGES
Bustamante adv. Martin (A-19-802859-C)
After in-house counsel discovered a conflict, we substituted in as counsel of record mid-discovery. During his deposition, Defendant admitted to certain harmful facts that Plaintiff might have leveraged to pursue his claim for punitive damages. Defendant also conceded full liability for the accident and for Plaintiff's fractured arm. We successfully motioned the Court to exclude the potentially punitive evidence at trial and then defended against three different efforts by Plaintiff to undo that ruling, including via a petition for writ relief. This forced Plaintiff to abandon his claim for punitive damages. During the trial, we were also able to reduce Plaintiff's disclosed medical bills, which included two surgeries. Then, we persuaded the jury to reduce Plaintiff's claim for past and future pain and suffering to $230k despite Plaintiff seeking $665k in a case in which liability and causation of the primary injury were conceded.
VERDICT: $130,000 for Plaintiff's past pain and suffering and loss of enjoyment of life (reduced from $350k, or nearly 37%), $100,000 for Plaintiff's future pain and suffering and loss of enjoyment of life (down from $315k, or nearly 32%), and $42,066.67 for Plaintiff's past medical expenses (reduced by $10,044.00, or nearly 1/5).
TRIAL COUNSEL: Joseph R. Meservy, Esq. and Nicholas F. Adams, Esq.