GMR Partner Eamon Merrigan achieved a defense verdict in a motor vehicle accident case in which the Defendant did not dispute his negligence. He tried the case before Judge Todd Eisenberg in the Montgomery County Court of Common Pleas. The Plaintiff had sustained a serious concussion just a few months before the car accident. She claimed to have suffered a second concussion in the car accident, and she has continued to suffer from significant post-concussion symptoms for almost six years.
Plaintiff presented the testimony of two experts, who opined that her back-to-back concussions led to a permanent traumatic brain injury and a substantially increased risk of dementia. Eamon successfully illustrated that even when Plaintiff’s own medical experts tested her cognitive function, she failed validity testing, which suggested she was not putting forth a valid effort. Ultimately, the jury found that any injury Plaintiff may have sustained was not serious enough to overcome the limited tort threshold.