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Miller and Hsu Parachute in for Defense Verdict in Tractor Trailer Case

November 28, 2018

Stuart A. Miller (Partner-White Plains) and John Hsu (Partner-White Plains) were parachuted in on the eve of trial for a tractor trailer accident case involving a passenger vehicle in which both parties claimed the right of way as their lanes merged. The unified case was pending in New York Supreme Court in Manhattan. The plaintiff underwent four major surgeries and continues on a regimen of painkillers and injections. Stu and John meticulously compromised plaintiff’s credibility through her inconsistent statements and sworn testimony. Plaintiff’s credibility also was diminished through the cross-examination of her experts and treating physicians as they conceded that they had not known her complete medical history or current activities, which were documented through a rigorous social media sweep. 

After approximately an hour and a half of deliberation, the jury delivered a defense verdict on the first question of negligence and never got to the substantial factor question. After the trial, several jurors advised counsel for both sides that plaintiff failed to meet her burden of proof as her credibility was so lacking that they gave her version of the accident no consideration. It is worth noting that Stu and John opted not to call a single medical expert as they believed that the burden never shifted and thus none were required.

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