Two Concussions and a Verdict
After two weeks of trial we received a verdict.
Our client was involved in two rear-end collisions. They happened about three months apart.
Her providers testified she suffered two concussions. The defense claimed she didn’t suffer any. It argued that she didn’t hit her head on anything, didn’t lose consciousness, didn’t have amnesia and was able to take photos and exchange information with the defendants after the collisions.
The defense also had photos of the vehicles she was driving. There was no visible property damage after either collision.
We brought an early motion to exclude the property damage evidence. We argued that there’s no connection between property damage to a vehicle and whether someone suffers a concussion.
(Medical literature talks about linear acceleration thresholds that increase the risk of concussion but doesn’t address the combination of linear and rotational acceleration you get in a rear-end collision that causes whiplash.)
The court denied our motion and decided that the jury would see the property damage photos. Even worse, the court decided to allow a biomechanics professor from UW (Dr. Allen Tencer) to testify about the speed he thought the one of the defendant’s vehicle was traveling when it hit our client (3 MPH).
We were really worried about the property damage evidence. So we addressed it right away in jury selection. And in opening statement. With every witness. And in closing argument.
We’ve learned to run towards the fire. To confront our fears. That’s what we did here.
After the verdict the jurors let us know that they didn’t put that much weight on the property damage photos and were more interested in the medical evidence. I’d like to think that was because we didn’t try to hide it from them and met it head on.
In the end the jury believed that our client suffered two concussions. And that the concussions had a big impact on her life. It awarded just over $1.5M in damages.
Samantha Lin and Tianna Pak in our office were a huge help in achieving this result.
Two claps for embracing and incorporating the “scary” facts rather than running away from them.