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Lance Behringer

Lance Behringer

Motorcycle Crash, Causing Fractured Arm & Pelvis Results in $1,050,000 Verdict

TLU Icon August 15, 2024 5:30 PM||Zoom Logo

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In July 2018, the plaintiff, Mr. Cox, was driving his motorcycle home from a buddy's house where he had been drinking. Mr. Cox stops at the intersection of Highland and Day Creek Blvd. for a red light. The light turns green for Mr. Cox. He then enters the intersection. The defendant is driving N/B on Day Creek Blvd. towards a red light. The defendant drives through the red light, and Mr. Cox collides with the side of the defendant’s vehicle.
Mr. Cox suffered a broken arm and pelvis, and both were surgically repaired with hardware. Mr. Cox was required to spend three weeks in a skilled nursing facility after the surgeries. After that, he did about four months of physical therapy. Mr. Cox’s medical bills were $100,000 dollars. Mr. Cox worked in a very physically demanding job. Due to his injuries, Mr. Cox could not work at full capacity for 10 months. At the time of the trial Mr. Cox had not seen a doctor for his injuries for three years.
This was a jury trial. There were 4 retained defense experts and no retained plaintiff experts. The defense spent over $150,000 in costs on experts to defend the case. It cost the plaintiff $21,000 to litigate the case through trial.

The case dealt with these issues:

  1. Trying a case with no retained experts, spending only $15,000 in costs on the trial, while going against the defense who had four retained experts and spent over $150,000 on the trial.
  2. Client was a motorcycle rider and jurors notoriously do not like motorcycle riders.
  3. Client had positive toxicology screen for alcohol of .04.
  4. Sub rosa shows client doing physically demanding work.
  5. Client back at work full time doing physically demanding job.
  6. No doctor visits in three years prior to trial.
  7. Trial judge who was doing her first trial as a judge.
  8. Defense trying to introduce photographs of the property damage and scene of the crash in the middle of trial that was not disclosed during discovery.
  9. Defendant’s wife speaking with jurors during trial, telling jurors about her children, and asking to pay jurors to be babysitters.
  10. The day before closing statements defense moving for mistrial based on the bad conduct of the defendant’s wife.