John Farmer Obtains Defense Verdict in Motor Vehicle Accident Case
John Farmer was recently successful in obtaining a defense verdict in a “reverse whiplash” case arising out of an accident which occurred when the firm’s client, who was waiting in line at a gas station, backed up to move to a different pump, striking the front of plaintiff’s vehicle. Liability was admitted, but the fact of injury to plaintiff, and causation of those injuries, were hotly contested issues. Plaintiff alleged he sustained neck, back and shoulder injuries together with migraine headaches, as a result of the accident, incurring past lien-based medicals of approximately $10,000 with physicians including Dr. Michael Esposito and Dr. Thomas Schweller. His doctors recommended injection therapy.
Defense experts Dr. Kenneth Zion (automotive forensics), Dr. Nick Carpenter (bio-mechanics) and Dr. Richard Greenfield (orthopedics) combined to establish that the impact (2 mph ΔV) was insufficient to cause physical injury to plaintiff. Plaintiff asked the jury for $164,000. Mr. Farmer argued that the jury should find “no causation” but if they decided to make an award, an appropriate range would be $1,100 – $1,800. The jury, after two hours of deliberation, returned with a finding of “no causation.”