GMR Senior Associate Tom Giardina won a Middlesex County, New Jersey, jury trial in which Plaintiff sued, alleging a permanent low back injury related to a T-Bone collision.
Plaintiff allegedly sustained traumatic damage to hardware in his low back from a previous surgery. Plaintiff’s doctors recommended hardware removal. Mr. Giardina argued via medical testimony that the hardware was likely previously defective and that his medical records indicated severe pre-existing low back pain. Both parties claimed they had a green light, but neither party produced any witnesses other than the parties.
Ultimately, the jury concluded that Plaintiff did not meet his burden of proof on liability.