Attorneys obtained a defense verdict following a 1 month trial.

Attorneys obtained a defense verdict following a 1 month trial. The plaintiff, a 47 year old female periodontist, alleged that she sustained a career-ending injury, resulting in total disability, when she was struck by a deteriorated section of a wood privacy fence at the insured's condominium complex where she lived. The plaintiff underwent anterior & posterior lumbar spinal fusion surgery 3 months after the accident and then sold her practice 3 months later. Several fact witnesses were called by the plaintiff to establish the quality of her professional work and her love of the practice of periodontics. There were no medical records indicating any prior back complaints, although she was determined to have pre-existing spondylolisthesis of her spine. The defense argued that the circumstances of the accident were suspect and that the accident may have been contrived. In support of this argument, among other things, it was pointed out that the plaintiff allowed her dentistry license to lapse before her spinal surgery, that she apparently told one of her treating physicians before her surgery that she would likely need to give up dentistry (contrary to the testimony of her surgeon as to his expectation), and that she entered into a multi-page contract for the sale of her dental practice less than 2 weeks from the date she alleges that her surgeon told her she may not be able to return to her profession. The defense further asserted that the condominium association had attempted to replace the fence prior to the accident, but was prevented from doing so by the plaintiff, because she was not satisfied with the association's intention to replace the fence with another wood fence, rather than PVC, which had been used for the replacement of other fences in the community.