Chicago Partner  Melissa Gardner recently secured a defense verdict in a jury trial involving a motor vehicle accident that resulted from an individual pointing a gun at one of the drivers in the car. In this case, Lewis Brisbois' defendant client was in his car at a red light on the way out of the Chicago Ridge Mall when he honked at the car in front of him. The passenger of that car exited his vehicle and pointed a gun at the defendant. The defendant then reversed his vehicle into the plaintiff's vehicle, and the other car left the scene. Following the accident, the plaintiff visited a pain doctor and received chiropractor care as well as MRIs to address his injuries that allegedly arose from the collision.

The plaintiff subsequently filed an action, claiming that the injuries he suffered to his neck and lower back prevented him from playing soccer and swimming as he did prior to the accident. During trial, Lewis Brisbois downplayed the liability and damages, maintaining that the defendant was not the sole proximate cause of the accident and that the true at-fault party was unknown. The defense also argued that the plaintiff failed to prove his damages because (1) photographs illustrated only minor damage to each vehicle and (2) the treating doctor's causation opinion was based solely on the plaintiff's testimony.

At the close of trial, the plaintiff asked the jury for medical specials, loss of normal life, and pain and suffering damages totaling tens of thousands of dollars. After deliberating for only 20 minutes, the jury returned a defense verdict.