G&S Obtains Trial Verdict on Damages in Automobile Case – February 2011

In a case involving a hit in the rear by our client we conceded liability. The case proceeded to trial on damages only. Plaintiff claimed she suffered a statutorily defined "serious injury" as a result of a herniated disc at L5-S1, three epidural injections, bulging discs in her neck and a torn meniscus requiring arthroscopic surgery with 18 months out of work. The jury returned a defense verdict in our client's favor finding that plaintiff had not met threshold requirements of a serious injury. We conceded the existence of a herniated disc, but argued that it was not traumatically induced. We also argued that plaintiff's knee injury was unrelated to the accident based on her lack of initial complaints of knee pain at the emergency room and any lack of swelling noted in the medical records. With respect to her neck injury and back injuries we argued they were only strains that resolved without permanent limitation.