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Dan Kramer · Teresa Johnson · Brandon Salumbides · Harry Plotkin

$3,076,000.01 Speed Trial Knee Replacement Verdict

TLU Icon March 3, 2023 7:30 PM||TLU n Demand

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On February 22, 2023, KTL obtained a $3 million verdict in Dept. 96 at Stanley Mosk Courthouse. On June 21, 2019 Plaintiff was working as a pharmacy delivery driver when she was rear-ended by a BMW SUV on Sunset Boulevard. As a result of the crash, Plaintiff underwent bilateral total knee replacements, and now walks with a cane.

This case dealt with the following issues:
(1) Plaintiff’s serious pre-existing osteoarthritis, which was described by treating doctors as “end-stage” and “bone-on-bone”, and was likely due to her weight (just under 300 pounds pre-crash);
(2) lien treatment and evidence of attorney referral to her surgeon;
(3) evidence that Plaintiff returned to work the day after the crash and continued to work a “physically demanding” job for four months until she was let go due to business being slow;
(4) admitted liability with a likable defendant, which made it harder to get the jury fired up by a bad actor;
(5) smart and capable defense attorneys, who knew not to push witnesses or get aggressive or overreach;
(6) scheduling difficulties which led to the majority of witnesses being called via remote technology;
(7) voir dire of all perspective jurors at once (48 total) within one hour; and
(8) a “speed trial” that required plaintiff to put on ten witnesses in one day to avoid down time.

Despite the above, the jury came back with a verdict in Plaintiff’s favor, awarding the full value of Plaintiff’s past and future medical expenses, past lost earnings, and substantial non-economic damages for a total verdict of $3,076,000.01.

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