Wood Smith Henning & Berman is proud to report that a San Bernardino jury rejected plaintiff's demand for $4.29 million following a two-week trial. Led by trial partner Michael Kowalski and Elda Rosales-Calixto, they tore apart plaintiff’s case involving a motor vehicle case where liability was admitted, but causation and damages were vigorously contested. The jury awarded $63,289, which was less than 1.5% of the plaintiff’s multi-million dollar request. The jury also returned a defense verdict for the minor plaintiff’s claim in its entirety, finding no compensable pain and suffering.
The case arose from a December 2021 intersection collision involving a company vehicle operated by an employee acting within the course and scope of his employment. Because liability was admitted, the trial focused exclusively on whether the plaintiff’s extensive treatment, including spinal surgery, proposed cervical surgery, pain management, PRP injections, and more than $652,000 in medical expenses, was actually caused by the accident. As an aside, the first call plaintiff made was to a “billboard lawyer” instead of a medical professional. The lawyer sent the plaintiff out for medical treatment.
WSHB centered its case on objective medical records, treating provider testimony, and careful cross-examination. Critical evidence included:
- The plaintiff’s treating chiropractor documented that the plaintiff’s neck, back, and shoulder complaints had resolved by February 21, 2022, meaning he had returned to his pre-accident condition.
- The plaintiff experienced an unexplained 86-day gap in treatment before beginning pain management and pursuing significantly more invasive care.
- Subsequent treating physicians neither reviewed the chiropractor’s records nor accounted for the treatment gap before recommending injections and surgery.
- Medical records revealed numerous telemedicine appointments documenting physical examination findings that ordinarily require an in-person evaluation.
- Defense experts established that the reasonable value of accident-related medical care was $5,289, consisting primarily of chiropractic treatment, diagnostic imaging, and an initial orthopedic consultation.
Rather than asking the jury to disregard all the plaintiff’s complaints, WSHB acknowledged legitimate injuries immediately following the accident while carefully demonstrating where the evidence no longer supported causation. That balanced approach won the case. Notably, the plaintiff incurred $652,000 in past medical expenses, anticipated $311,000 in future medical expenses as well as claims for past and future pain and suffering.
The jury awarded:
- Past medical expenses: $13,289
- Future medical expenses: $0
- Past pain and suffering: $30,000
- Future pain and suffering: $20,000
Total Verdict for the adult: $63,289.
"This case demonstrates that admitting liability does not eliminate meaningful defenses to causation and damages," said Kowalski. "By focusing on the treatment chronology, objective medical evidence, and the testimony of treating providers, we were able to show the jury where the evidence supported recovery and where it did not."
The verdict reinforces several themes that continue to resonate with juries. Admitting liability does not foreclose a vigorous defense on causation and damages. A thorough analysis of the treatment timeline can be more persuasive than simply challenging the amount of medical bills. Treating physician testimony remains highly influential, and jurors closely evaluate treatment gaps, referral patterns, and whether subsequent providers independently assess causation. The case underscores the importance of well-qualified medical and billing experts in distinguishing reasonable accident-related care from subsequent treatment that is not supported by the evidence.
Rosales-Calixto added, "Jurors carefully evaluate whether medical treatment is truly connected to an accident. Our strategy acknowledged the plaintiff's legitimate initial injuries while demonstrating that later treatment recommendations were not supported by the medical record. That credibility made all the difference."
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
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