GMR Partner Matthew Moroney obtained a defense verdict in an Essex County jury trial where the plaintiff underwent shoulder surgery, and the defense stipulated to negligence. Matt defended an eight-seven (87) year-old driver who turned left into the plaintiff’s vehicle and admitted causing the accident. The plaintiff asserted that he was t-boned by the defendant in a moderate to hard impact, was examined by numerous specialists, and underwent physical therapy, spinal injections, and, ultimately, right shoulder surgery. Matt argued that the plaintiff’s testimony was not credible and that the plaintiff did not sustain a permanent injury related to the accident. He also successfully cross-examined the plaintiff’s orthopedic surgeon and treating doctor in several areas, including their lack of credentials and ignoring evidence of degenerative disease.
An arbitrator had awarded $160,000 to the plaintiff, and GMR appealed to try the case in front of a jury. The jury found the plaintiff’s claims lacked credibility and deliberated for 25 minutes before issuing a defense verdict in favor of Matt’s client.