John Farmer Successfully Defends Traumatic Brain Injury Case
John Farmer obtained a highly favorable jury verdict in a claimed traumatic brain injury case arising from a low to moderate speed rear-end auto accident. In Maldonado v. Storey, et al., plaintiff was a passenger in a car stopped for a red light, when it was rear-ended at a claimed speed of 5-7 MPH by a commercial delivery van. Liability was admitted at trial. Plaintiff claimed to have suffered a traumatic brain injury which would require lifelong care. Plaintiff also claims the injury caused her to lose her prospective career as a singer/songwriter.
Defense experts testified that plaintiff sustained at most a Grade I concussion which should have resolved with appropriate care within 3 to 6 months, and that plaintiff’s current disability represents depression and anxiety due to underlying rheumatoid arthritis and a related chronic pain condition. Plaintiff’s demand to settle prior to trial was $775,000, CCP §998. The defense served a CCP §998 Offer in the amount of $75,000, later increased to $150,000. Plaintiff’s counsel asked the jury to award $7,800,000. The defense asked the jury to consider awarding $35,500 – $45,500, or they could consider awarding less. The jury (10-2) returned a verdict at $29,000, with the two dissenting jurors later stating they had voted to award less.