The following blog entry is written from a defendant’s position after a jury trial verdict for plaintiff. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a personal injury case present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this motorcycle accident/personal injury case and its proceedings.)
Defendant Larry Brown submits the following Memorandum of Points and Authorities is support of his Motion for New Trial or, in the alternative, Remittitur:
A new trial is warranted due to the imposition of excessive damages that were unsupported by the evidence. In the interests of justice, Mr. Brown’s motion for new trial or in the alternative, a reduction in damages must be granted.
This action arises out of an automobile versus motorcycle accident which occurred at 8:35 p.m. at the intersection of High Street and Eisenhower Boulevard in Sacramento, California on June 12, 2005. Plaintiff was operation the intersection with Eisenhower. As plaintiff entered the intersection, he collided with the 2004 Mercedes E320 driven by defendant, Larry Brown, who was turning left from southbound High Street onto eastbound Eisenhower.
The matter proceeded to trial on February 2, 2008. Plaintiff testified at trial that following the accident with Mr. Brown, plaintiff stood up and walked over to the curb. When he got to the curb, he sat down and felt pain in his back, as well as pain and weakness in his left leg.
Plaintiff was taken to Universal Hospital following the incident, with complaints of pain in his lower left extremity. Plaintiff did not sustain any broken bones from the accident. The evidence at trial indicated that the CT scans of plaintiff’s head, abdomen and pelvis were all negative. Plaintiff was discharged home that same evening with prescriptions for Vicodin and lbuprofen.
Plaintiff next treated at The Occupational Medical Center on July 14, 2005, with complaints of pain in the left thigh, left groin, pelvis, and left lower abdomen. He was diagnosed with a left thigh strain, left groin strain, abdominal wall strain, testicular contusion, left thigh contusion, chest wall contusion, and closed head injury. He was referred to physical therapy and placed on temporary disability. Plaintiff was evaluated again on July 19, 2005, at which time his complaints remained the same and he was to continue with physical therapy.
Plaintiff then waited more than two months to seek further medical treatment, when he presented to orthopedic surgeon Dr. David Jones on October 12, 2005, with complaints of pain in the lumbar spine, right buttock which radiated to the right foot, as well as pain in the left thigh and groin. He was referred to physical therapy. By a November 28, 2005 visit, it is noted that the physical therapy had improved his symptoms, and he was released to return to his job as an emergency responder for vehicles that are disabled on toll bridges, on or about November 29, 2005. Thereafter, plaintiff has only seen Dr. Jones sporadically and returned to work at a physical job, with the exception of occasional flare ups where Dr. Jones has taken him off work for short periods of time.
At the time of trial, plaintiff presented to the jury $15,221.75 in medical specials. (See Part 2 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.