Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this automobile accident case could just as easily involve the California Highway Patrol or the law enforcement divisions of any local municipality, such as Roseville, El Dorado Hills, West Sacramento, or Elk Grove.
THE VERDICT WAS SUPPORTED BY SUBSTANTIAL EVIDENCE
Defendant contends that a miscarriage of justice will be promoted if the verdict stands and further contends that the verdict is not based upon substantial evidence. Defendant’s contention is plainly wrong for several reasons.
First, defendant does not challenge the finding of liability in this matter and is thus not entitled to a JNOV in that regard. Further, defendant suggests that because plaintiff’s experts were not aware of the sub rosa videotape at the time of their testimony, and that “sub rosa” videotape simply wipes away any and all evidence of injuries to plaintiff Sandra White. However, plaintiff presented evidence that was sufficient to “reasonably inspire confidence,” and support the verdict, as such defendant is not entitled to a JNOV as to the damage award and defendant’s JNOV motion should be denied in its entirety. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendant Erroneously Contends that Plaintiffs Experts Relied on False Assumptions
Defendant argues that plaintiffs experts relied on false assumptions, including 1) that plaintiff was unable to leave the house by herself; 2) that plaintiff was unable to dress herself; 3) that plaintiff could not move her arm and needed shoulder surgery; 4) that plaintiff required 24-hour supervision; 5) that plaintiff could not walk unassisted; 6) that plaintiff would not be allowed to smoke; and 7) that plaintiff could not conduct a transaction by herself. Defendant suggests that the “sub rosa” video contradicts all of these alleged false assumptions. (See Part 7 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.