11 Total days of trial, which consisted of 3 days of jury selection.

 - $6,823,715.57. This consisted of full award of past and future meds. $1.5 million in past P&S with $4 million in future P&S.

This case is about a motor vehicle accident that happened in 2015, when Plaintiff Josh Humphrey was 29 years old. Josh owns a pool cleaning business and was headed to another residence on his route when he had to hit his brakes when the vehicle in front of him suddenly stopped due to traffic. Josh managed to avoid hitting the car in front of him, but his truck was struck from behind by an ambulance owned American Medical Response (AMR). There was very little visible property damage to either vehicle. In fact, none to Josh’s truck and only a small 2” inch circle dent in the bumper of the ambulance. Josh and his passenger indicated they were fine at the scene and left after exchanging information with the AMR driver. Later that evening Josh woke up in major pain and ultimately went to the doctor 6 days later. Josh, who had never had a back injury or pain before the crash, ultimately underwent surgery to replace a disc at L4-L5 and fuse L5-S1 in his lower back. The total past medical specials were $621,779.57. Futures were estimated to be $688,832 - $701,936. Defense denied fault and causation through verdict.

 – This case took so long to get to trial as we were originally set for trial and Covid hit, so it got reset and a new Judge was elected.

Dr. Kabins – surgeon and medical expert

Settlement negotiations consisted of an offer of $50k up until the start of trial. We had an OJ of $1.5 million. At trial they did offer $600k before jury selection, then $1.2 after openings. Prior to closings they offered a high low of $1-$3 million. We countered with a high low of $3 - $8 million.

We did multiple focus groups. We did focus groups on the following specific issues and we did a couple with just openings from both sides to help re-frame things.

Subro video of our client loading tools into his truck a couple months before surgery

Our client becoming addicted to pain meds and ultimately heroine

Used a big data FG that another firm did that was nearly identical case facts. Only used for the range of numbers to ask for.

For the most part I ran the focus groups, except I had a friend run them when we did openings by both sides and I did the opening statement.

We learned a lot from the focus groups as you always do. The felonies were issues that were problematic considering all the other issues, such as – no property damage, claims of no objective medical evidence, surgery, and the subro. The opening focus groups really helped re-frame things especially with our PowerPoint and the order we presented things.

Both sides filed multiple MIL. Nearly all were heard with a different Judge as the Judge we had was newly elected.

We moved to limit the Bio-mechanical as he gives medical testimony saying you can’t be hurt with the forces involved. Court allowed defense to testify as to comparable forces only.

We moved to strike their medical expert and had a full evidentiary hearing. Defense doctor said it was all secondary gain and malingering along with the fact our client is smoker. Motion was granted to exclude those things and he could only testify about actual medical evidence.

We moved to exclude the fact the defendant driver said a cop showed up after our client left and did not issue a citation, so that is why it was not her fault. Judge denied our motion despite clear case law that does not allow a police report or the conclusions of an officer to come into evidence.

We moved to exclude subro as they followed our client for 85 hours and only produced 1 hour and 5 minutes of video and that video was clearly edited. Judge allowed VD before the witness who could not authenticate the evidence. Judge denied our motion and investigator testified.

Voir Dire – Took 3 days (2 were shortened days though). No jury consultant. I copy Mitnik a lot. I use the German Shepard story at some point depending on answers I get. Absolutely practice when doing focus groups. Also run through it solo. I think you just have to be you up there and talk to them, but mainly listen.

Right to be on a Jury That Follows the Law

Opening Statement - Started preparing the frame of opening a few months before trial and just kind of think about it and talk it through and really start looking for images during free time. Real prep comes about 1 month out.

Order of Proof – It was unusual, but we started with our bio-mechanical expert. I wanted to get out in front of the no property damage issue.

Defense Bio-mech (called out of order because of scheduling)

Dr. Kabins – Plaintiff medical to address new raised opinions of defense expert

Closing – Prepared bones of it before trial, but after opening. Kept making tweaks and really finalized on a Thursday night at 3 am as I thought we were closing Friday. We ended up closing Monday, so tweaked a bunch of stuff and finished Saturday. I do practice some, but not in front of people.

Rebuttal – Kendelee did rebuttal and just addressed some ridiculous stuff in Defense closing. Did not talk numbers, but hit issues.

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