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Lum and Bashor Pull Low Verdict against the Odds in Auto Case

March 28, 2018

Larry Lum (Partner-New York) and Karen Bashor (Of Counsel-Las Vegas) defended a public rent-to-own company in Nevada District Court for Clark County in a recent two and a half week trial, and succeeded in obtaining a very favorable verdict for the defense. Angela Clark (Senior Paralegal - Las Vegas) was instrumental in working up the case from inception. Joseph Baiocco (Partner - Stamford) was supportive of the client to allow the case to be tried despite adverse liability and the potential for an unduly large verdict in a volatile venue, particularly with the most formidable plaintiffs’ attorneys in Las Vegas representing the plaintiff. This is a case where a passenger in a vehicle that was rear-ended by our client’s box truck sued the company and its driver, claiming chronic neck and back pain, had fusion surgeries to his neck and back, and required additional surgeries. Plaintiff incurred $960,000+ in medical expenses and was expected to require at least $500,000 in future medical costs. Larry’s summation focused on the burden of proof and the credible evidence, themes the defense hammered through the two days of voir dire, Karen’s opening statement, and all throughout the trial. Larry’s summation also highlighted the defense timeline that contrasted two dozen separate exams by eight different medical providers over nearly four years of post-accident treatment where the plaintiff presented with no complaints of pain and/or normal objective findings with the plaintiff’s timeline where plaintiff was at the same time complaining of constant and unabated pain with his lien treating providers in relation to the accident. The jury deliberated two full days and was unanimous in awarding the plaintiff only $30,000 in past medical expenses, no award for past pain and suffering, future medical expenses, or future pain and suffering. Not only was the verdict well under the minimum of $7 million demanded at trial, but it was well below defendants’ last statutory offer, which will permit defendants to seek recovery of their fees and costs.

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