Morrison Mahoney Partner Douglas Price and Associate Stephen Ryan recently obtained a defense verdict following a three day jury trial in Norfolk County Superior Court stemming from a motor vehicle accident. The insured’s vehicle contacted the rear passenger side of plaintiff’s vehicle as the insured attempted to merge from a parked position on the side of the road into the plaintiff’s lane of travel. Plaintiff claimed injuries to her left knee and left shoulder, however, her primary claimed injury was to her left elbow, specifically, that the accident caused lateral epicondylitis resulting in surgery. Plaintiff also sought lost wages for a three month absence from work following her surgery. During our cross examination of the plaintiff we impeached her repeatedly with medical records and prior testimony.
The damages defense was complex and difficult, in that none of plaintiff’s pre-accident records showed any complaints of elbow pain, and also that the post-accident radiological imaging demonstrated that the plaintiff did indeed have lateral epicondylitis. We utilized an orthopedic surgeon expert in the defendant’s case, and with him, explained the medicine to the jury. Our expert opined that the elbow condition seen on the imaging was not consistent with trauma, but rather, a chronic finding which pre-dated the accident. After a very brief period of deliberation, the jury returned a verdict for the defense, finding that our insured driver was not negligent.