(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.)
THE VERDICT WAS SUPPORTED BY SUBSTANTIAL EVIDENCE
Defendant contends that a miscarriage of justice will be had in this case if the verdict stands and further contends that the verdict is not based upon substantial evidence of plaintiff’s brain injury. Defendant’s Contention is plainly wrong. First, Defendant does not challenge the finding of liability in this matter and is thus not entitled to a JNOV in that regard.
Further, Defendant suggests that because Plaintiff’s experts were not aware of the sub rosa videotape at the time of their testimony, that the opinions of Plaintiff’s experts are erroneous. In this way, Defendant suggests that the “sub rosa” videotape simply wipes away any and all evidence of injuries to Plaintiff Ella Lee. However, plaintiff presented evidence that was sufficient to “reasonably inspire confidence,” and support the verdict; as such, defendant is not entitled to a JNOV as to the damage award and Defendant’s Motion should be denied in its entirety.
Defendant Erroneously Contends that Plaintiffs Experts Relied on False Assumptions
Defendant argues that Plaintiffs experts relied on false assumptions, including 1) that plaintiff was unable to leave the house by herself; 2) that plaintiff was unable to dress herself; 3) that plaintiff could not move her arm and needed shoulder surgery; 4)that plaintiff required 24 hour supervision; 5) that plaintiff could not walk unassisted; 6) that plaintiff would not be allowed to smoke; and 7) that plaintiff could not conduct a transaction by herself. Defendant suggests that the “sub rosa” video contradicts all of these alleged false assumptions.
However, Plaintiff’s experts testified not only to Plaintiffs physical limitations, but also to her traumatic brain injury and to her continued future need for care in a supportive environment. Defendant’s own medical and neurological experts, during their trial testimony, agreed that Plaintiff Ella Lee did in fact suffer a traumatic brain injury. (See Part 7 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.