Edwardsville, Ill. (March 29, 2023) - Madison County Partner Adam S. Johnson and Associate Nicholas Martin recently secured a defense verdict on behalf of Lewis Brisbois' insurer client in Madison County, Illinois. The matter arose from a two-car motor vehicle accident that occurred in the same county. The plaintiff in the case alleged that she sustained permanent and significant injuries to her face, chest, neck, knee, leg, and sternum as a result of the accident. The matter ultimately proceeded to trial.
At trial, the plaintiff testified that her stoplight was green when she entered the intersection in question. Testimony and evidence further demonstrated that the plaintiff had sustained multiple sternal fractures and a whiplash injury as a result of the accident. In addition, the plaintiff alleged that her injuries had caused her significant pain that affected her ability to perform activities of daily living for months after the accident.
The defense was able to establish, through the plaintiff's medical records, that she only started to complain of neck pain weeks after the accident and that by January 2017, she was reporting significant improvement with minimal pain, requiring only over-the-counter pain medications. Moreover, during cross-examination, the plaintiff confirmed that she was 100% recovered by February 2017 and sought no treatment since that date. Furthermore, the plaintiff admitted on cross-examination that she had limited memory of the accident and had been working long hours in the weeks leading up to the accident—often with little more than three hours of sleep per night.
Further, while the plaintiff's treating physician causally connected her sternal fractures and neck pain to the accident, the defense was able to solicit favorable testimony from the plaintiff's treating physician on cross-examination. The physician testified that the plaintiff's sternal fractures were "not a serious injury," that the fracture was so minimal it could not be seen on radiology imaging a month and a half after the accident, and that the last date of treatment the plaintiff received from his office was February 27, 2017. He further stated that the plaintiff told him she needed to be 100% before returning to work and that he determined she was 100% when he released her back to work on February 27, 2017. He also testified that he had seen the plaintiff dozens of times since February 2017 for a variety of illnesses, but that the plaintiff had never once complained of chest or neck pain.
In contrast, the defendant admitted that she had received a citation for disregarding a stop light following the accident, that she pleaded guilty to this citation, and that she paid a fine as part of her plea deal. She stated that she believed this was more cost-effective than hiring an attorney to fight the ticket. But she testified that she had never doubted that she had a green light and the right-of-way on the night of the accident.
After about two-and-a-half hours of deliberations, the jury returned a defense verdict.
Mr. Johnson is a member of Lewis Brisbois' General Liability Practice. As a seasoned litigator with significant first-chair jury trial experience, his practice includes general civil ligation, complex commercial and business litigation, and class actions. Mr. Johnson also regularly represents corporate clients in cases involving commercial contract disputes and business torts.
Mr. Martin is a member of Lewis Brisbois' General Liability Practice. He focuses his practice on premises liability, automobile liability, as well as insurance law, handling all aspects of litigation, including trials and appeals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.