Dana Koos recently won a jury trial in Kings County (Brooklyn) New York in a lawsuit where the plaintiff alleged serious injuries from a ‘side swipe’ motor vehicle accident. Following the accident, the plaintiff treated for five (5) months and underwent a series of epidural injections during the course of his treatment.
During cross examination, the plaintiff admitted that he declined medical assistance at the scene of the accident. Instead of presenting to an emergency room or his primary care physician, the plaintiff presented to a medical office he had never been to before. The medical office then recommended his attorney. Additionally, although the plaintiff denied any prior back injuries and reported that history to his treating physicians, he was impeached by medical records indicating prior back complaints.
After forty-five (45) minutes of deliberation, the jury found that the accident was not a substantial factor in causing the plaintiff’s alleged injuries. The Court then entered a judgment for the defense.