Disciplined focus on liability and causation leaves plaintiff with no recovery in motor vehicle arbitration
Wood Smith Henning & Berman achieved a complete defense victory in a motor vehicle personal injury arbitration after the judge found that the plaintiff failed to meet his burden of proof. Through detailed briefing, a compelling visual presentation, and focused cross-examination, partner Nicole Aldridge-Henry and senior counsel Leslie Luke exposed significant inconsistencies in the plaintiff's account and challenged the connection between the alleged incident and his claimed injuries.
The decision in favor of the defense resulted in no recovery for the plaintiff.
The claim arose from an encounter near East 23rd Street and Emmons Avenue. The plaintiff testified that, while driving home, he observed a van nearly strike a woman and child in a crosswalk. He exited his vehicle to confront the van's driver, alleging that the driver then proceeded with a right turn, ran over his big right toe, and struck his right upper arm with the side view mirror, knocking him to the ground.
The plaintiff attributed extensive shoulder and cervical and lumbar spinal injuries to the encounter, including a partial rotator cuff tear and conditions for which he underwent shoulder arthroscopy, cervical fusion, and lumbar procedures. Despite alleging that the van's tire ran over his big toe, however, he claimed no corresponding foot or toe injury.
Aldridge-Henry and Luke prepared a nearly 40-page arbitration brief and an extensive presentation examining the plaintiff's account, medical history, and evidence bearing on causation. Their evidence also included social media photographs and travel activity relevant to the plaintiff's claimed limitations.
"Our preparation focused on testing the plaintiff's account against the evidence," said Leslie Luke. "The discrepancies involved the mechanics of the alleged incident, the sequence of events, and the medical history underlying his claims. Presenting those issues clearly gave the arbitrator a concrete basis to evaluate whether the plaintiff had met his burden."
In finding for the defendants, the arbitrator identified numerous inconsistencies in the plaintiff's evidence, including inaccuracies in his expert's life care plan. Although the expert's account indicated that the plaintiff returned home after the alleged impact, the evidence established he instead pursued the confrontation.
The arbitrator also highlighted the absence of any complaints or treatment involving the plaintiff's foot or toes, despite his allegation that a vehicle tire had run over his big toe. That discrepancy supported the defense's challenge to the credibility of his account.
Although the arbitrator acknowledged the plaintiff's extensive shoulder and spinal treatment, the decision also recognized that he had injured the same body parts in motor vehicle accidents in 2007 and 2013. Ultimately, because the plaintiff failed to establish liability, the arbitrator determined that there was no need to reach the damages question.
"A case involving multiple surgeries resulting from a low impact or questionable impact accident requires a disciplined examination of both liability and causation," said Aldridge-Henry. "By bringing the testimony, treatment history, and other evidence together we demonstrated the glaring gaps in the plaintiff's proof and secured a complete defense as a result for our clients."
The outcome reflects the defense team's meticulous preparation, effective cross-examination, and ability to present a complex factual record with clarity.
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