Attorney obtained a unanimous defense verdict
Attorney obtained a unanimous defense verdict. The matter was originally tried in July, 2009, but the plaintiff appealed, and the matter was reversed and remanded. The appellate issue involved the admission into evidence of a prior MRI report that the plaintiff's attorney served eleven days prior to the July 2009 trial, and after the defense expert had already provided de bene esse testimony. The original trial judge barred the report and associated expert testimony. There was a defense verdict in the original trial. In the most recent trial, the plaintiff's radiology expert testified live, and he changed his opinion on the date of his testimony to say that the plaintiff had evidence of a herniated lumbar disc, in an area that he previously said did not have a herniation. The defense presented their orthopedic expert live, to include his opinion regarding the prior MRI report. The trial lasted three days. The seven person jury deliberated in under an hour, and they voted unanimously that the plaintiff had not sustained a permanent injury as a result of the motor vehicle accident. Liability was stipulated.