The following blog entry is part of the plaintiff’s response to the defendant’s new trial motion, which was posted earlier this month.
(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.)
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.
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 Mark Smith. Larry Brown testified that she turned her vehicle into the path of Mr. Smith’s motorcycle, collided with the motorcycle, and caused Mr. Smith to be propelled from the motorcycle and onto the pavement. Mr. Smith testified that the collision with the defendant’s automobile caused him to flip off of the motorcycle, rotate in the air, and land on his shoulders. After plaintiff’s shoulders struck the pavement, Mr. Smith testified that his hips and legs slammed into the pavement, inflicting serious and significant injury. This testimony was uncontradicted.
The collision was witnessed by Vince Green who was standing on the corner and facing the intersection when Ms. Brown turned into the path of Mr. Smith. He testified that there was a significant collision and that Mr. Smith appeared to have been injured. Mr. Green testified that Mr. Smith was not able to stand immediately after being slamming against the pavement.] Mr. Smith crawled on the ground for a few moments and then walked to the curb. Mr. Green testified that Mr. Smith lay on the curb until emergency medical services arrived. Mr. Green observed that Mr. Smith received medial attention immediately and was transported to Universal Hospital. (See Part 3 of 5.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.