Defendant Auto Driver Seeks New Trial After Motorcyclist Prevails, Part 4 of 5

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.)

Dr. Bale testified that Mr. Smith sustained a permanent, painful and extremely personal injury. Mr. Smith’s left testicle was damaged and, as of 2007, had lost 50% of its mass. Mr. Smith testified that many of the personal and intimate details of this life now were painful. He was unable to have sexual relations with his wife, Kim Smith, for three months and the sexual relationship with wife and continued to suffer since that the collision. Mr. Smith had painful erections, pain on urination, and pain upon exertion. These are not mere “soft tissue injuries” that will resolve with the passage of a few weeks or months or years. The traumatic damage to Mr. Smith’s left testicle is permanent and worsening. The testicle was reduced in size from 30% of normal to 50% of normal in just the past several years. Dr. Bale testified that this damage from the motorcycle collision may continue to worsen, but will not reverse.

Mr. Smith testified regarding the impact of these injuries upon his life. He was unable to return to his employment for several months and continues to suffer flare-ups which cause him to miss additional days of work. He testified that he suffered many embarrassing and humiliating events where he was physically unable to stand, sit or even walk and that, on many occasions, he was entirely dependent upon his family, sometimes his children, for physical and medical support. These events caused Mr. Smith significant anxiety as he was removed from his usual and customary role of the provider and guardian of his family. Mr. Smith’s testimony regarding several events where his children were required physically to care for him illustrated the full extent of the damages which were inflicted by the defendant’s collision with his motorcycle.

The damages awarded by the jury were not excessive. Mr. Smith was the victim of a severe motor vehicle collision which was the result of the sole and unquestioned negligence of Mr. Brown. The trauma in this collision was so severe that Mr. Smith suffered a bone bruise and microfractures in the collision in addition to the damage to the overlaying tissue. These injuries were severe and, in several respects, permanent. Although, the defendants have argued that the injury was merely a soft tissue injury, the only medical testimony presented at the trial confirmed that the injuries were severe and permanent. The jury’s verdict was not excessive in any respect. (See Part 5 of 5.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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