SUCCESS STORY

The Case of the Mysterious Torn Medial Meniscus

Claims Alleged: Automobile Accident; Personal Injury

Injuries Alleged: Permanent Injuries, Lost Wages, Torn Meniscus in Knee

Admitted Liability: Yes (as only to accident)

Amount Claimed: $500,000

The Overview

Smith Freed Eberhard obtained a complete defense verdict for its client in a case involving a family of four that was rear ended by a college graduate.

The Background

A family of four was rear ended by a young college graduate. Cumulatively, they claimed almost $500,000 in damages. All members of the family alleged permanent injuries, lost wages, and the father claimed a medial meniscus tear in his knee.

The Strategy

Smith Freed Eberhard admitted liability in the low impact accident, but denied the family’s injuries all originated from the accident. Facing a highly educated jury in a plaintiff-friendly venue, the defense fought through a five day trial. The plaintiffs relied on an orthopedic surgeon, who testified that the father’s meniscus tear was attributed to the accident despite him having no immediate knee pain at the scene.

We countered by presenting a biomechanical engineer and appealing to the jurors’ common sense. Using its characteristic skill and experience, Smith Freed Eberhard attorneys kept all four plaintiffs separate and navigated through their extensive medical histories. We presented photographs that showed the jury how low impact the accident was and provided an expert that showed how unlikely it was for this accident to result in the injuries claimed.

The Outcome

Ultimately, the jury perceived the plaintiffs as over-reaching and returned yet another a complete defense verdict for our client.

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