Janssen Malloy LLP last week resolved a motor vehicle personal injury matter for a quarter million dollars in a mediated settlement. Janssen Malloy LLP partner Michael Crowley handled the case, which involved numerous experts and contested issues of medical causation and future prognosis. The case arose from a 2017 incident in which our client was a passenger in a cab which ran a stop light and caused the collision, resulting in a serious knee injury and two surgeries for our client. The defense disputed medical causation, contending that our client’s knee injury and subsequent need for surgery were due to a pre-existing knee injury to the same leg in 2014, and disputing his need for future medical treatment. As the case proceeded through litigation, the defense retained medical experts (orthopedic and radiological), had our client submit to a defense medical exam, and also retained an accident reconstruction/biomechanist to contest the mechanism of injury, as well as an economist to dispute our client’s economic loss contentions.
Our client’s case rested on the treating orthopedic surgeon’s opinions and testimony, supported by a radiology expert who noted that our client had no significant osteoarthritis in the injury knee from the 2014 incident, which showed that the 2017 trauma was the substantial factor in causing his injury and need for surgical intervention (which consisted of a patellar pole and PCL reconstruction, and a subsequent meniscectomy). Our client also had a biomechanist expert to explain the mechanics of impact forces and an economist to outline economic loss. The matter resolved at a mediation shortly before the depositions of all the experts and close to the jury trial date. This case illustrates the extent to which defendants will go, even in a case of clear liability. Injured plaintiffs need the assistance and guidance of experienced trial counsel to protect their interest and obtain just compensation. Janssen Malloy LLP’s attorneys have the expertise and resolve to do what it takes to achieve justice for our clients.