Michael Karp · Robert Welcenbach
$250,000 Offer / $12,000,000 Verdict – A case study on what is possible when you rethink “bad facts” and learn to love and trust your jury
February 21, 2024 7:30 PM||TLU n Demand
Client was 64-year-old man who injured his left arm/shoulder after slipping and falling on an unmaintained, icy walkway while delivering prescription medications to a group home in West Allis, Wisconsin in December of 2016.
Persistent left arm/shoulder pain led to surgery. Following surgery, client developed a severe case of CRPS in his injured arm.
Defense focused on negative imaging studies and client’s extensive medical history prior to the fall, including 14 prior surgeries, and a history of CRPS in other limbs.
Liability, causation, and damages were disputed. All economic damages were waived.
$250,000.00 offer of judgment prior to trial.
5-day trial resulted in unanimous verdict for our client on liability, causation, and damages.
The jury was engaged and attentive throughout the trial, despite watching nearly 12 hours of video recorded testimony.
Jury awarded $5 million for past pain and suffering and $7 million for future for a total of $12 million dollars.
Teaching points:
1. Trial begins in discovery
2. The relentless pursuit of simplicity
3. Witness sequencing
4. Respecting the jury
5. Effective strategies for redirect
6. Importance of exercising restraint
7. Thoughts on case framing
