Warren Holland successfully defended a motorist who rear-ended a motor vehicle and allegedly caused serious injuries to the plaintiff. The plaintiff alleged that he sustained a number of injuries as a result of the accident including injuries to his face and chest from airbag deployment, a SLAP tear in his right shoulder, a meniscal tear in this left knee, and a disc herniation in his lower back. After several months of physical therapy and medical consultations, the plaintiff underwent arthroscopic surgery in his left knee. He alleged that he missed several months of work as a result of his injuries, and claimed that he still has ongoing knee, shoulder, and back pain which prevents him from engaging in the activities he enjoyed prior to the accident. Since the plaintiff had no history of prior similar complaints, his treating physicians related all of his conditions to the motor vehicle accident at issue.
At trial, Mr. Holland did not dispute that his client was negligent, or that the plaintiff had tears in his shoulder and knee and a herniation in his lower back. Mr. Holland presented evidence, however, that the tears and herniation were not caused by the accident at issue. Mr. Holland also argued that the plaintiff did not sustain a “serious injury” and was not entitled to the pain and suffering damages he sought as a matter of law. Ultimately, the jury agreed with Mr. Holland and entered a defense verdict in favor of Mr. Holland’s client.