GMR Senior Associate Tom Giardina won a Bergen County, New Jersey, jury trial in which the Plaintiff alleged ongoing injuries related to a motor vehicle accident. Specifically, the Plaintiff alleged lower back herniations resulting in multiple injections and surgery. The Plaintiff also claimed that he stopped working due to the accident and presented a six-figure wage loss claim.
The defense argued that the Plaintiff’s herniations did not correlate with the exact complaints in the clinical record. Also, through discovery, prior medical records established pre-existing complaints which Plaintiff had denied earlier in litigation. Ultimately, the jury concluded that Plaintiff did not meet his burden of proof.