Energy On The Offensive #051 - $13.8M Verdict (Motor Vehicle Accident In Midwest)

Here is a plaintiff case analysis podcast summary. This one has a high-low agreement.

Motor vehicle accident
Midwest – medium sized venue.

Defendant driver checking her glucose level on app on her cell phone; crosses center line, hit motorcyclist; above knee amputee and other significant injuries. Driver was on the job and company had $30M of insurance.

In discovery, defense focused on blaming plaintiff; he didn’t have a motorcycle license, tested positive for THC, and was morbidly obese.
At mediation, defense offered $3M. Plaintiff rejected offer.

$5M offer right before jury selection; plaintiff rejected because their focus groups showed the value of the case was much higher, and jurors didn’t’ are about the THC or obesity issues.

Called famous CA plaintiff attorney for tips how to try the case; he helped free of charge. Also listened to really good plaintiff podcasts for ideas for opening, etc.

Defense asked for a high-low; focus group data showed case was valued at about $12M… so plaintiff attorney set the high at $13M. High-low agreement was $4-13M. At this point, willing to take more risks, with no appeal possible now.

Voir dire: only had 30 minutes—had to be smart/strategic; asked 8 total questions.  What do you think about compensation on personal injury matters? Are there too many personal injury cases? Are most people too fast to sue? Are there too many lawsuits? Are most jury awards too high? Do you know the difference in burden of proof in a civil case vs. criminal?  How do you feel about us suing an employer for an employee’s actions? How do you feel about motorcycles—are they inherently dangerous?

Focus group participants loved my colleagues, so I assigned them key witnesses. Every fact witness was in and out; very fast.

On cross of defense expert (who, ironically, was an amputee himself), he agreed with all of the damages that plaintiff did and would suffer; took him right through all of the damages verdict questions and made him say “yes.”  Then had him describe his own personal struggles with being an amputee. This choice of this expert badly backfired on the defense.

Verdict: $13.8M; got a check for $13M in 60 days.

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