Adam Appel obtained a directed defense verdict in a commercial automotive litigation case where the defendants admitted liability. The plaintiff claimed $133,000 in medical expenses, and rejected the defendant’s offer of $32,700 on the eve of trial. The court granted the Motion for Directed Verdict based on the plaintiff’s failure to prove that the accident was the proximate cause of his injury.
Adam Appel and Kim Ruder defended a landscape company whose driver caused a three car rear-end accident with his commercial vehicle. The landscape company admitted liability and the case was tried over four and a half days. Plaintiff alleged that she sustained a shoulder injury which led to a recommendation for surgery 23 months after the accident. Prior to surgery, she had received ongoing medical attention from various doctors, including her primary care physician, an orthopedic surgeon and a pain management doctor, during which time she complained of pain in the periscapular area of her right shoulder. After 23 months of unresolved shoulder pain, she went to see another orthopedic surgeon who diagnosed an impingement syndrome in her right shoulder. The treating doctor testified that her surgery was necessitated by the accident. She underwent surgery and claimed $29,000 in medical expenses. In defending the case, Appel and Ruder argued that Plaintiff failed to mitigate her damages by following her doctor’s directions to follow up on a more regular basis and that the impingement syndrome was a new and unrelated problem. Plaintiff asked the jury to award her between $267,000 and $355,000 for past medical expenses and pain and suffering. The jury returned a verdict of $7,103.The case was settled pursuant to a high low agreement.