Gilbert Kelly Defeats Overstated and Exaggerated Claim

February 15, 2010  (Los Angeles)

Gilbert, Kelly, Crowley & Jennett LLP partner Rodney Terrazone successfully defended his client against an overstated and exaggerated claim in an automobile injury case, resulting in minimal damages awarded to the plaintiff.

The trial of this auto-versus-pedestrian matter began on January 19, 2010 in Glendale Superior Court and concluded on January 27, resulting in a verdict of $7,343. Medical bills for $18,000 were presented, but a post-verdict Hanif reduction in the amount of $12,000 was applied. The pain and suffering (general damages) portion of the verdict was limited to $3,375.

Plaintiff, her children, and her treating chiropractor testified in the plaintiff's case. The defense called only Dr. Melvin H. Nutig. The defendant, who turns 90 this year, could not participate in the defense. Liability was conceded, leaving only the issues of causation and damages.

The plaintiff's children testified that their mother had changed since the accident. She was no longer active, moped around the house and was basically incapacitated. In contrast, the medical records revealed the plaintiff had been on disability for fibromyalgia since 1995, long before the accident took place.

The plaintiff’s chiropractor claimed that X-rays of the plaintiff's left elbow revealed an avulsion fracture, an opinion not shared by any other doctor. The emergency room physician had initially indicated there was a "questionable" chip fracture, but this was later ruled out.

The chiropractor records revealed similar complaints (head, neck and back) beginning in March of 2007, one year before the accident, and continuing up until the accident. The chiropractor testified that there was a change in the plaintiff's condition, but his records revealed no indication of findings at the time of his initial examination. He continued treating her, as he had before the accident, through September of 2009, but conceded that only two months’ care was accident-related.

The plaintiff testified to ongoing multiple complaints, but was impeached regarding her prior medical condition in that she denied, in interrogatories and deposition, any prior similar injuries. The records were to the contrary and revealed clear indications of prior similar complaints with a patient questionnaire signed by the plaintiff before the accident outlining the "severe pain" she was experiencing in her head, neck, back, arms, and other areas.

Dr. Nutig testified that there was no fracture, only abrasions and contusions with possible soft tissue injuries. Limited chiropractic care was appropriate. He pointed out that the plaintiff's medical records revealed a significant similar medical history.

The jury felt that the plaintiff was not credible. Her claim was overstated, exaggerated and embellished. Plaintiff’s pre-trial demand was $90,000; at trial she asked for $150,000. The defense made $15,000 available to resolve the matter, but the plaintiff was not interested. Plaintiff was granted $7,343 in the final verdict.