The Ferguson Law Firm’s Tim Ferguson and Mark Sparks spearheaded a week-long trial that resulted in a $2.6 million verdict for two plaintiffs injured after “rolling over a board” on Interstate Highway 10. The two plaintiffs, and a backseat passenger, were driving down the highway when a 4×4 fell off an 18-wheeler, causing plaintiffs to roll over it. The plaintiffs took the next exit, where they met the 18-wheeler driver on the side of the road. The plaintiffs and their backseat passenger attempted to change their flat tire but were unsuccessful. Plaintiffs sought medical attention the following day, complaining of back soreness.
“This was a case with minimal property damage and very tough medical causation,” said Tim Ferguson.
“The defendants battled every aspect of the case, bringing in multiple lawyers, including one from Louisiana just to dispute our injuries. We responded, ‘blow by blow’ and, fortunately, the jury focused on our evidence rather than the defendants ‘dog and pony’ show. Our injured clients were well-compensated, and we are, of course, most grateful.” Ferguson added.
According to the medical records and testimony, one plaintiff sought back treatment four days before rolling over the board and sustained back injuries in two subsequent motor vehicle accidents (both within one year of rolling over the board). Mark Sparks commented, “The defendants hired several experts to dispute they caused these injuries, but the jurors listened to – and placed more weight on – the treating physician.” One of those defense experts, Dr. Richard Barratta (a biomechanical engineer) testified that the forces involved in this accident could not have caused plaintiffs their injuries. The defense counsel, over Mr. Sparks’ objection, played Dr. Barratta’s “reenactment videos” for the jury. That seemingly made no difference. Sparks commented, “Dr. Barratta’s reenactment did not cause a flat tire like ours and, as he testified, was for optics.”
The defendants best offer had been $400,000. Mr. Ferguson said, “Once again, we had a group of defendants and their insurance company who set the value of human health much too low. We rejected their offer and were confident in entrusting our case to an Orange County jury.” The jury clearly agreed. After more than a day of deliberations, the Orange County jury returned a $1,825,000 verdict. Judge Courtney Arkeen signed a judgment of $2,623,790.36 last week.
Ferguson Law Firm’s Elijah Smith and Lindsay, Lindsay & Parsons’ John Pat Parsons also played significant roles in the jury trial.