Partner Matthew Gelina and Senior Associate Brianna Weis secure favorable verdict in low-speed rear-end collision case.
Partner Matthew Gelina and Senior Associate Brianna Weis recently concluded a three-day trial in Tarrant County and secured a favorable verdict for our client in a personal injury motor vehicle case involving what we argued to be a low-speed rear-end collision. Liability was stipulated, leaving only damages for the jury.
Leading up to the trial the primary focus of the damages alleged were significant physical injuries with six figures in incurred medical and a life care plan of almost a million dollars.
Two days before the trial Plaintiff attempted to introduce new evidence substantiating an alleged traumatic brain injury. The evidence involved a “continuation” of treatment three weeks before trial after having failed to see the neurologist for two years.
From pretrial throughout the trial there were multiple contested evidentiary issues. The final outcome of trial ended up turning on one of these evidentiary issues. Plaintiff attempted to prove the reasonableness and necessity of the vast majority of the past medical billing through one of the treating physicians from a single provider but failed to lay the proper foundation. We objected to this testimony, and after allowing a voir dire examination of the doctor, the Court ultimately sustained our objections and excluded testimony from the doctor in support of the billing. Plaintiff was ultimately forced to rely on only the counter affidavit medical totals when presenting to the jury. Because the life care planner had used the same billing for her report the entire damage model was significantly weakened over the course of the trial.
What had escalated shortly before trial into a high-exposure case ultimately resulted in a successful outcome for our client. Matt and Briana’s hard work serve as a great reminder that even when liability is off the table, disciplined evidentiary work, and timely objections, can significantly reshape trial outcomes.
We are grateful for the trust shown in us by our client and his insurance company in allowing us to take this case to trial and thank the Tarrant County jury that heard the matter for returning a verdict based only on the evidence.
