Luke Maddox · Rob Ammons
Trying a Case That Has So Many Warts You Cannot Even See the Toad
March 18, 2025 5:30 PM||
A 52-year-old Spanish-speaking plaintiff was injured when a cement truck making a right turn from a stop sign crashed into the side of his passing work van. At the time of the crash, the plaintiff was seated unbelted on a wheel well in the back of the van, which had its rear seats removed. After receiving about five months of chiropractic treatment and conservative pain management for his neck and back following the crash, he discontinued treatment in October 2019. Over 27 months later, the plaintiff returned to the doctor complaining of back pain and ultimately underwent low back surgery in November 2022.
The case dealt with the following issues:
- Liability was heavily disputed, with the defense team arguing that the work van hit the cement truck while changing lanes to avoid a slow-moving vehicle ahead of the van.
- Property damage was minimal, with dash-camera video and screenshots being key defense exhibits showing minor impact.
- The plaintiff was the only one of five men in the work van who claimed injury, raising questions about injury causation.
- At the time of the crash, the plaintiff was seated unbelted on a wheel well in the back of the van without seats (or seatbelts) in the cargo area.
- There was a significant gap in medical treatment, with the plaintiff having nearly three years between initial treatment and surgery.
- The defense team questioned the genuineness and extent of the plaintiff’s injuries and alleged collusion between the plaintiff’s attorneys and doctors.
- Multiple defense expert witnesses were retained to argue that the plaintiff’s medical treatment was unnecessary and past medical bills were grossly excessive.
- The case had been pending for over 5 years when attorney Rob Ammons was retained solely for trial purposes.
- The defendant’s insurance carrier, Travelers Insurance, initially offered only $100,000 in response to a $1M policy limits demand and didn’t increase the offer until after trial commenced.
Despite these challenges, the jury ultimately returned a unanimous verdict, placing 100% responsibility on the defendant driver and awarding $3,503,017.55.
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