Ron Zurek (Senior Partner/Los Angeles) recently defended a lady in a trial where it was claimed that her car hit a man who was walking in a crosswalk, thereby knocking him down and causing him a shoulder injury that lead to surgery which, in turn, caused him to develop a frozen shoulder and serious, permanent limitations. The plaintiff presented two orthopedic surgeons to back his cause.
Our client admitted the fact that her car bumped into the man while he was in a crosswalk, thus conceding negligence, but exception was taken to the contention that he was knocked down or seriously hurt. Having to overcome the fact that the man had no prior shoulder problems and that he did report promptly to an emergency room with shoulder complaints within hours of the accident, Ron was able to convince the jury that no serious injury really did result from the admitted act of defendant’s negligence. A verdict in favor of the defendant resulted. Because plaintiff had turned down a generous settlement offer before trial, he is now responsible to pay the defendant over $22,000 in costs.