The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases 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 automobile accident/personal injury case and its proceedings.)
Defendant Virginia Hall submits the following Memorandum of Points and Authorities is support of her 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, Ms. Hall’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 College Street and Ash Boulevard in Sacramento, California on June 12, 2004. Plaintiff was operation the intersection with Ash. As plaintiff entered the intersection, he collided with the 2002 Jaguar S-Type driven by defendant, Virginia Hall, who was turning left from southbound College Street onto eastbound Ash.
The matter proceeded to trial on February 2, 2008. Plaintiff testified at trial that following the accident with Ms. Hall, he 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. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff was taken to University 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. (See Part 2 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.