GMR Partner Matthew Moroney won a trial defending a client who negligently sideswiped the plaintiff. The accident caused significant damage to both parties’ vehicles. The plaintiff testified that she banged her knee due to the impact of the accident. She treated for several months with trigger point injections to her neck and back and was ultimately referred to a surgeon who performed an arthroscopic surgery on her right knee. She claimed ongoing neck, back, and knee problems at the time of trial. On cross-examination, she admitted she had no bruise on her knee from the accident, nor did she mention her knee at the emergency room. She also admitted that she brought a prior personal injury claim for neck and back injuries.
The plaintiff had three doctors testify to her injuries; her treating physician, a radiologist, and the surgeon who performed her surgery. Despite each doctor testifying that her claimed injuries were related to the accident, Matt was able to successfully cross-examine them to point out significant issues in their testimony. In particular, Matt showed that the plaintiff’s radiologist and surgeon offered contrary opinions about whether the plaintiff sustained a lateral meniscus tear. Matt called an orthopedist and radiologist who testified that the plaintiff did not sustain injuries related to the accident.
The jury found in favor of Matt’s client and against the plaintiff.
