A wheel fell off Plaintiffs’ truck, causing a rollover accident. The Defendant, a tire company, was the last known entity to touch the wheels. Mr. Hunt suffered a broken neck and Mr. Lulko suffered a broken pelvis and had surgery for a torn rotator cuff. The case evaluated for $200,000 and all motions regarding the issue of causation and expert testimony were denied by Judge Colombo.
The matter went to trial. After three days of trial testimony, the matter settled for $67,500, which was less than the authority provided at the Settlement Conference six months earlier. In placing the settlement on the record, Plaintiffs’ attorney reviewed his costs and the ultimate settlement for Plaintiffs. After extensive costs, Mr. Lulko received none of the settlement proceeds for his broken pelvis, shoulder surgery, etc. Mr. Hunt received only $10,000 for his broken neck and permanent, cervical fusion.
In the end, Plaintiffs feared they were losing the case, risking extensive case evaluation sanctions. In fact, a post-trial discussion with the jury revealed unanimous support for the defense in the case.