Madison County Partners Adam Johnson and Zach Shelton recently
secured a defense verdict following a jury trial in Madison County,
Illinois. The matter arose from a motor vehicle accident involving
two plaintiffs who alleged significant spinal injuries, which
necessitated surgery. The defendant had received and pleaded guilty
to a traffic citation related to the accident. Defendant, however,
denied he was at fault for causing the accident.
At trial, the plaintiffs called a medical expert who testified that
he concluded that the plaintiffs had sustained injuries to their
spines based upon findings from their radiology and their
post-accident complaints of pain. The plaintiffs argued at trial
that they had sustained injuries consistent with their
expert’s findings and that they had ongoing pain that led
them to lose out on the opportunity to live full and fulfilling
lives. Accordingly, the plaintiffs asked the jury to award an
amount sufficient to compensate them for their medical bills in
addition to the pain they would experience for the remainder of
their lives. The plaintiffs also called responding law enforcement
who testified that she had concluded the defendant caused the
accident based on physical evidence at the scene, vehicle position
and damage, and witness interviews.
The defense challenged the testimony of the plaintiffs’ medical expert, pointing out that his practice was built upon helping plaintiffs in personal injury lawsuits. The defense further presented evidence of the plaintiffs’ inconsistencies regarding how the accident occurred and their post-accident medical treatment, arguing that these inconsistencies impaired their ability to present as credible witnesses. Finally, the defense presented testimony from the defendant and members of his family, each of whom testified credibly that the accident was actually caused by the misconduct of the plaintiffs.
During closing arguments, the plaintiffs requested the jury award the plaintiffs and amount in excess of $1 million. The defense advised the jury that it should consider the credibility of the parties in determining who was to be believed about the cause of the subject accident and highlighted inconsistencies in the testimony of the plaintiffs, responding officer, and plaintiff’s expert. Following deliberation, the jury returned a defense verdict in favor of the defendant and against each of the plaintiffs’ claims.
Mr. Johnson is a trial attorney and member of the firm’s National Trial Practice Team with over two dozen civil jury trials. Mr. Johnson represents numerous national insurance carriers and commercial clients. He is a long-time Member of the American Board of Trial Advocates (ABOTA).
Mr. Shelton is a trial attorney with Lewis Brisbois’ General Liability Practice. He focuses his practice on general civil litigation, including automobile liability, and routinely handles all aspects of litigation, including jury trials.