(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.)
Plaintiff opposes the Motion for New Trial or, in the Alternative, Motion for Remittitur, as the evidence presented at the trial justified and supported the award of non-economic damages by the jury. This court should not disturb the unanimous verdict of the jury which clearly was the result of careful deliberation and not the result of either sympathy or prejudice. As the verdict of the jury was supported by the evidence presented at trail, the motion of the defendant should be denied. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
The Verdict of the Jury Was Supported by the Evidence.
Significant and substantial evidence was presented regarding the nature and extent of the injuries sustained by Sean Greene. Virginia Hall testified that she turned her vehicle into the path of Mr. Greene’s motorcycle, collided with the motorcycle, and caused Mr. Greene to be propelled from the motorcycle and onto the pavement. Mr. Greene testified that the collision with the defendant’s car caused him to flip off of his motorcycle, rotate in the air, and land on his shoulders. After his shoulders struck the pavement, Mr. Greene testified that his hips and legs slammed into the pavement, inflicting serious and significant injury. This testimony was uncontradicted.
The collision was witnessed by Thomas Smith who was standing on the corner and facing the intersection when Ms. Hall turned into the path of Mr. Greene. He testified that there was a significant collision and that Mr. Greene appeared to have been injured. Mr. Smith testified that Mr. Greene was not able to stand immediately after being slamming against the pavement. Mr. Greene crawled on the ground for a few moments and then walked to the curb. Mr. Smith testified that Mr. Greene lay on the curb until emergency medical services arrived. Mr. Smith observed that Mr. Greene received medial attention immediately and was transported to University Hospital.
Dr. James Black, a board certified orthopaedist, testified that Mr. Greene was severely injured in the collision. As a direct consequence of the collision, Dr. Black diagnosed Mr. Greene with a left thigh strain, left groin strain, abdominal wall strain, testicular contusion, left thigh contusion, chest wall contusion, closed head injury and pelvic contusion. The injuries were so severe, that a post-collision MRI confirmed that Mr. Greene hand sustained a pelvic bone bruise with micro-fractures. Dr. Black testified that the force generated in the trauma exerted upon the tissues surrounding Mr. Greene’s pelvis were so severe, that the underlying pelvic bone was bruised and micro-fractured. In short, this was a considerable trauma. (See Part 3 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.