GMR Partner Matthew Moroney won a Nassau County trial involving four plaintiffs who alleged significant injuries from a sideswipe collision with his client. At trial, Plaintiffs’ counsel requested over a quarter of a million dollars for each plaintiff.
All four plaintiffs testified that the subject accident involved a heavy impact and claimed they still had severe ongoing pain six years after. Collectively, they underwent six (6) arthroscopic surgeries for alleged shoulder and knee tears. They all claim that these procedures failed to resolve their complaints. Three of the plaintiffs were taken by ambulance to the emergency room following the collision.
Matt attacked the plaintiffs’ credibility by establishing that their accounts of the accident were not physically possible, that their social media accounts showed activity inconsistent with their claimed limitations, and that their extensive treatment was partly motivated by “litigation” loans. He was also able to impeach and obtain concessions from the plaintiff’s orthopedic expert by having him admit that the physical findings were too similar for each plaintiff and that he was unaware of two of the plaintiffs’ prior injuries. Matt called an orthopedic surgeon and radiologist who presented as credible experts. The orthopedic surgeon testified that none of the procedures were medically necessary.
The jury found that none of the plaintiffs sustained any serious injuries to recover under the New York verbal threshold. Accordingly, Judge Catherine Rizzo entered verdicts in favor of Matt’s client for all four claims.