Mr. D’Oro received a defense verdict in a jury trial involving a major retail grocery chain.
An employee of a major grocery store chain was driving a company tractor-trailer when he was involved in an accident at an intersection with a 41 year old plaintiff. The truck tried to make a left turn around the back of plaintiff’s vehicle when the accident happened. The defendant admitted fault for the accident but denied plaintiff was injured. Plaintiff alleged after impact the truck (60,000 lbs.) dragged her vehicle 50 feet blowing out the back window to her car and injuring her back, hip and groin area.
Plaintiff alleged injuries requiring treatment with multiple specialists. Frank D’Oro argued that although plaintiff received multiple diagnosis’ from various specialists, plaintiff suffered no anatomical injury. Her diagnostic tests were negative and the number of diagnosis’ by various doctors was evidence of the lack of an objective injury.
Evidence of negligence was found, but the jury found no causation of an injury. Therefore, the jury ruled in favor of the defense, making this Frank D’Oro’s second defense win in less than two weeks.