Fields & Brown Prevails for an Insurance Client in Clay County

Fields & Brown successfully represented an insurance client in defense of one of its insureds in a recent case tried in the Circuit Court of Clay County, Missouri.  Plaintiff claimed he sustained herniated discs at C4-5 and C-5-6 which required a diskectomy and a 2-level fusion. Plaintiff also alleged radiculopathy of the right arm, and paresthesia of the right arm, right thigh, and right side of his face. Although the defendant admitted she rear-ended plaintiff’s vehicle, she and her eyewitnesses testified it was only a minor impact. Despite this testimony, plaintiff not only testified that the accident was the result of a high-speed collision, but also gave each of his treating doctors the same history. Plaintiff also testified that because of the injuries sustained in the accident, he had to stop working, was in need of future medical care, and was forced to give up working with the charity he started several years earlier. The defense theme throughout the case was that plaintiff was not candid with the jury or his health care providers which lead to unrelated medical treatment. Multiple lay witnesses and experts were called by plaintiff and defendant, including experts in the fields of biomechanics and accident reconstruction. In addition, both plaintiff and defendant called medical experts to opine on the causation and extent of plaintiff’s alleged injuries. Plaintiff’s experts testified that as a result of the accident plaintiff was required to undergo surgery, sustained permanent weakness in his right arm, and would require future medical treatment. Defendant’s experts opined that plaintiff only sustained a cervical strain and temporary aggravation of his preexisting degenerative spine condition. The demand before trial was $300,000.00, and the offer was $7,500.00. At the close of the evidence, plaintiff’s counsel asked the jury to award $2.2 million dollars. After several hours of deliberation, the jury returned a verdict of only $25,000.00.

We are here to solve your business needs.

How can we address your company's legal needs?