Araujo v. Platt
Congratulations Juan Ruiz and Aaron Eagan for obtaining a defense verdict on behalf of State Farm Mutual Automobile Insurance Company.The lawsuit arose out of a rear end collision. Plaintiff claimed she sustained a tear to the medial meniscus of her knee requiring repair surgery. She also claimed that the accident caused a second tear to the lateral meniscus of her knee which required an additional surgery. During the second surgery she also underwent a partial knee replacement. Plaintiff claimed that she would require a total knee replacement within 10 to 15 years. At trial, the defense admitted negligence. The defense demonstrated that Plaintiff had no complaints of right knee pain until approximately 38 days after the accident. Defense experts testified that the delay in reporting knee pain was not consistent with a traumatic tear of the meniscus. Plaintiff’s counsel requested $73,000 in past pain and suffering and $474,000 in future pain and suffering. The jury deliberated 26 minutes before returning a complete defense verdict.
Verdict Date: October 31, 2019
Repetti v. Scott Tapper, M.D.
Congratulations Bucky Hurt and Skip Jewett for their defense verdict for Dr. Scott Tapper on behalf of MagMutual Insurance Company. Lynn Repetti claimed Dr. Tapper failed to diagnose and treat her for compartment syndrome in her leg during hospital admissions. Plaintiff complained of swelling and pain in her calf and of an enlarging skin lesion on the back of the calf. Plaintiff claimed that Dr. Tapper’s allegedly negligent delay and treatment caused permanent nerve injury in the lower leg that now requires chronic pain management with opioids and gabapentin. She also claimed that she needed extensive wound care and a skin graft, which eventually became a full thickness wound. The defense contended that Dr. Tapper’s role was limited to evaluating the arterial and venous circulation in the leg and determining whether plaintiff had limb threatening arterial ischemia that required immediate intervention. The defense presented evidence that it was highly unlikely that plaintiff had compartment syndrome at any point. Plaintiff asked for a total award of $1.785 million. The jury deliberated for 32 minutes before returning a verdict for Dr. Tapper.
Verdict Date: October 24, 2019
OPAZO Directed Verdict
Congratulations Howard Citron and Jesse Shurman for obtaining a directed verdict for one of the firm’s rental car company clients. Plaintiff alleged that the company charged him for an optional damage waiver that he declined. As such, his complaint included a count for fraud. Plaintiff asserted that a sales associate forced him to purchase the damage waiver in order to rent the vehicle and that his insurance company would be billed for the product at no expense to him. In response, the Defense provided the Court with a copy of the Plaintiff’s executed rental agreement, confirming Plaintiff initialed and signed the document ratifying his consent to be personally liable for the payment of same. Plaintiff argued that, notwithstanding his signature, he was “scammed” into purchasing the damage waiver and was deceived by the sales associate. He further argued that he brought in proof that his own personal insurance covered property damage to a rental car and that, even though this information was provided to the company, it deceived him into buying the waiver protection. The Court granted Defendant’s Motion for Directed Verdict after Plaintiff confirmed that his signature and initials ratified his acceptance and personal responsibility for all costs associated with the damage waiver and found that the company did not engage in any fraudulent conduct.
Verdict Date: October 18, 2019