In this auto accident case, attorneys Jim Perkins and Brittany Auchard of Colman Perkins Law Group defended the driver who rear-ended a car on I-5 in Orange County in 2018.
Our client accepted fault for driving his 1999 Honda Accord at 75 mph and impacting the rear of plaintiffs’ stationary 1996 Toyota Avalon. Plaintiffs—a driver and passenger—claimed injuries resulting from the traffic accident and pursued medical treatment.
Our contentions at trial
The CPLG defense team argued that not all plaintiffs’ claimed injuries were caused by the accident. We also disputed plaintiffs’ contentions that:
- their past medical treatment was reasonable and necessary
- they needed future medical treatment
- past and future medical treatment costs were reasonable
- plaintiff driver was entitled to loss of earning damages
- the traffic accident caused them physical pain, mental suffering and other intangible distress
While the plaintiffs retained no experts, they called five non-retained treating doctors to testify at trial. We supported our case with testimony from two experts—an orthopedic surgeon and medical billing specialist.
The closing pitch
During closing argument, plaintiffs’ counsel asked the jury to award the passenger client $4,804,067, which included past and future medical care and more than $3.6 million for future pain and suffering.
For the plaintiff driver, counsel requested $3,801,701 in damages, including $3.1 million for future pain and suffering.
Together, the plaintiffs asked the jury for $8,605,768.
Defense holds award to $142,810
After a two-and-a-half-hour deliberation and unanimous agreement, the jury returned a verdict. They awarded less than 2% of the requested total: $74,150 to the passenger and $68,660 to the driver. Plaintiffs received zero damages for future pain and suffering.
Learn more
CPLG verdicts
About partner Jim Perkins
About attorney Brittany Auchard Charboneau